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(영문) 수원지방법원 평택지원 2015.12.18 2015고단1523

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On July 21, 2015, the Defendant, without obtaining a driver’s license on July 21, 2015, driven the said car under the influence of alcohol level of 0.226%, and led to the two-lane road in front of Pyeongtaek-si C, from the parallel parallel parallel to the parallel parallel parallel by two-lanes in the speed of 40km.

At the time of the defendant's running direction, the F K5 car driven by the victim E (the age of 49) was in progress, so in such a case, the driver of the vehicle had a duty of care to look at the right and the right and the right and the right and the right and the right and the right and duty of care to operate the steering system and the system accurately.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the steering system and operating system under the influence of alcohol, the Defendant got the behind-offer of the said K5 vehicle parked in accordance with the suspension sub-paragraph into the front-offer of the Defendant’s vehicle, and due to the shock, the Defendant got the behind-offer of the said K5 vehicle driven by the victim G(W, 30 years old) who was parked in front of the said K5 vehicle with the front-offer of the said K5 vehicle.

As a result, the Defendant driving the said car without obtaining a driver’s license in a situation where it is difficult to drive the car normally due to influence of drinking, and suffered injury such as salt, tension, etc. in need of approximately two weeks of medical treatment to the victim E, and suffered injury to each of five victims as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and E;

1. A traffic accident report;

1. Report on the circumstances of driving under the influence of alcohol and report on the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Each written diagnosis;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of injury resulting from dangerous driving) and Article 5-1 of the same Act concerning criminal facts