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(영문) 수원지방법원 안산지원 2016.04.20 2016고단688

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around 03:00 on February 26, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) led C to a driving of a new rocketing car with the alcohol concentration of 0.242% in blood on the front of Heung-si, B at C, while under the influence of alcohol leveling to 0.242% in blood.

At that point, there was an intersection where signal lights are installed, so the driver has a duty of care to accurately operate the steering gear and brakes in accordance with the new code and prevent the accident in advance, but he neglected to do so, and as the defendant is faced with the influence of drinking, the defendant neglected to do so, and found 7 vehicles of the victim D Driving E, which was stopped from the same lane to the signal signal atmosphere in the same direction, late later, and shocked the back part of the damaged vehicle with the front part of the Defendant vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of the chill that requires two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven C New Car with alcohol content of 0.242% in blood at the date and place specified in paragraph 1, and C New Car with alcohol content of 0.242%.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Photographs of the situation after an accident occurred by the police officer in charge of dispatch;

1. A medical certificate;

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving), and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act (Article 62(1) of the suspended execution (Article 62(1) of the Criminal Act is highly high in the amount of alcohol content of the defendant's blood, but