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(영문) 수원지방법원 안산지원 2016.05.25 2016고단1228

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

Punishment of the crime

On December 31, 2010, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of road traffic law (driving alcohol) in the Daejeon District Court's Support for Sugsan, and KRW 5 million for a fine of KRW 1 million for the same crime in the same manner as the same crime in the Support for Sugwon of Suwon Friwon, on November 18, 2014.

The defendant is a person who is engaged in driving a K3 car.

On March 4, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.159% in light of the blood alcohol level 0.18:25%, and opened the front road of the light name shooting distance in light of the light-wise, from the dong bank to the Saemaul market room, the Defendant stopped in accordance with the new name, one lane between the three-lanes of the Saemaeul market at an insular speed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely in accordance with the signals of the motor vehicle by accurately manipulating the steering gear and brake system.

Nevertheless, as seen above, the Defendant neglected driving under the influence of alcohol and caused the injury of the victim C, E, and the victim F, who was on board the above damaged vehicle, in the front part of the victim C's driving vehicle waiting in the traffic signal at the front side of the vehicle of the above Defendant, by taking the front part of the victim C's driving vehicle and received the victim C, E, and the victim F, who was on board the said damaged vehicle, in need of hospital treatment for more than three days, due to the negligence of leaving the driver's vehicle in the direction of parking (P). The victim G who was on board the same vehicle, by taking the front part of the vehicle of the victim C's driving vehicle in the front part of the above Defendant's driving vehicle, suffered from the injury, such as the c's e, tension, etc., in need of hospital treatment for more than three days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Photographss of the scene of the accident and photographs of a black stuffed video;

1. Statement of the circumstances of driving at home;

1. Response to a request for appraisal;

1. Each certificate of medical treatment and each clinical set;

1. Previouss before ruling: A/Written inquiry, such as criminal history;