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(영문) 수원지방법원 성남지원 2016.07.18 2016고단1160

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

Punishment of the crime

1. On January 23, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven a car with a point of 2.7 km in the direction of the board intersection in Seoul, other than Seoul, that is located in the Sinnam-si, Sungnam-si, for a 0.15% alcohol level during blood, while under the influence of alcohol leveling to 0.15%, the Defendant driven a car with the B windowsomom in the direction of the board intersection in the direction of the lower quarter.

At the time of night, there was a duty of care to operate the brakes by properly manipulating the brakes while living well in the person engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected to do so and failed to properly operate the brake system under the influence of alcohol, and due to the negligence of not operating the brake system in time at the front section of the Defendant, and was driven by the victim C(32 cm) who was at the front section of the vehicle involved in the accident, and received the subsequent part of the DEX car in front of the vehicle at the window at the front section of the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim of the escape certificate between the confluence that requires approximately four weeks medical treatment.

2. On the day specified in paragraph 1, the Defendant driven a B window and car with alcohol content of about 0.115% at a section of about 3km from the front of a mutually influent restaurant located in the fluence-dong, Sungnam-si, Sungnam-si, to the road at a point of 2.7km in the direction of the board intersection in Seoul, the outer-circk-si, Seoul, the 3km-si, the main body of which is set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act.