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(영문) 수원지방법원 2019.02.12 2018고단6878

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 18, 2018, the Defendant, while under the influence of alcohol level 0.157%, driven C QM3 automobiles in front of the 19:25 on the 19:19.19.1, the Defendant driven C QM3 automobiles in the direction of the parallel between South and North in the direction of both reduction.

At the time, the Echip car driven by the victim D(52 years old) who was driving prior to the time was stopped in accordance with the new code, so in such a case, there was a duty of care to make a person engaged in driving of a motor vehicle to see the situation well and to drive the motor vehicle safely so as not to conflict with the said motor vehicle.

Nevertheless, the Defendant neglected this and found the remainder of the car under the influence of alcohol and failed to properly operate the operation of the operation system, and caused the part of the latter part of the car to be the front part of the car of the Defendant, and due to the shock, caused the victim F (34 years old) who was the victim F (34 years old) who was in the traffic signal atmosphere to be pushed down the above victim's car.

As a result, the Defendant, under the influence of drinking, sustained injury to the victim He (the victim Ha, the age of 58) by driving the said car in a state where it is difficult to drive the car in a normal condition such as a red color and a delay in recognition response due to the influence of drinking, and suffered from the injury of chills, tensions, tensions, etc. in need of treatment for about two weeks, and injury to the victim Ha (the victim Ha, the age of 58) who was on board the D car for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and D;

1. Reports on traffic accidents, reports on the results of the control of drinking driving, and reports on the circumstances of drinking drivers;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident-related photographs;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.