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(영문) 수원지방법원 성남지원 2016.04.28 2016고단230

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

Reasons

Punishment of the crime

1. On December 20, 2015, the Defendant, in violation of the Road Traffic Act (drinking) driven a b bargaining car under the influence of alcohol content of about 0.131% in a section of about 500 meters, from the Suwon District Court in the Magdae-dong, Sungnam-dong, the Sungnam-dong, the Sinnam-si, to the 439 neighboring paths, according to the same old nature.

2. On December 20, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was a person engaged in driving the said car, and on December 20, 2015, the Defendant driven the said car under the influence of alcohol concentration of 0.131% in blood, and driven the said car under the influence of alcohol level of 0.131% in proportion to the acid stated in paragraph 1, and driven the way near 439 near the said car, as it is as stated in paragraph 1, along the distance of 6-lane in the middle of South Korea.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to see the front side well and to accurately operate the steering and brake system.

Nevertheless, the Defendant neglected this and was driving by the victim C, who was under the influence of alcohol to the extent that the Defendant was under the influence of a state of walking, and was under the influence of a state of walking.

D The following parts of the franchise was received in front of the Defendant’s car.

As a result, the Defendant was injured by driving the above-learning passenger car in a situation where normal driving is difficult due to influence of drinking, and the Defendant suffered injury such as salt, tension, etc. in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

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. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.