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(영문) 수원지방법원 안산지원 2015.01.27 2014고단2957

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BM5 car;

On October 12, 2014, the Defendant driven the said car while under the influence of alcohol 0.155% of alcohol concentration 02:20% of the blood alcohol concentration, and continued to drive the said car at a speed below the speed of the speed of 3 lanes from the distance between the post office distance to the gold intersection.

At the time, there was an intersection where signal lights are installed at night, and in such a case, the driver has a duty of care to reduce the speed to the person engaged in driving service, to observe the lane, and to safely drive the front right right right and the right right and the right and the right and the right and the right and the right are well well and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (the age of 27) who was driven by the Defendant due to negligence without reducing speed while neglecting it, and was driven by the victim C (the age of 27) as the front part of the said SM5 car driven by the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

2. The Defendant was driving the said SM5 vehicle under the influence of alcohol by 0.15% at the time and place specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes, such as a written report on host drivers, vehicle photograph and site photograph, and medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Article 37 of the Criminal Code among concurrent crimes.