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(영문) 수원지방법원 2015.04.15 2015고단528
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving B bargaining vehicles.

On January 17, 2015, the Defendant: (a) around 17:50, the Defendant: (b) driven the foregoing vehicle in the direction of the flow-distance in the Burdow distance, where it is difficult for the Defendant to drive the vehicle under normal conditions, such as under the influence of alcohol level of 0.156%; (c) drive the vehicle in front of the forest bridge, which is located in the forest with the wife population, under the influence of alcohol level of 0.15

The Defendant, while under the influence of alcohol, did not accurately operate the brakes and steering gear, was negligent in the back part of the Defendant’s vehicle’s back panion of the part of the Defendant’s vehicle, and was faced with the front part of the victim C driver’s Dgyst vehicle in the direction of the same direction, resulting in the Defendant’s injury to the victim C, the victim E, the passenger of the victim vehicle, and the victim F, which requires approximately two weeks of medical treatment, and the victim G, who is the passenger of the victim vehicle, suffered from the injury, such as the influence in the number of days of medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. On August 17, 2007, the Defendant received a summary order of a fine of two million won or more for a crime of violating the Road Traffic Act at the Suwon District Court on the same day, and a summary order of one million won or more for the same crime at the same court on September 24, 2013.

At the time stated in paragraph (1), the Defendant driven a b bargaining vehicle under the influence of alcohol level of about 0.156% at the section of about 1k up to the place indicated in paragraph (1) on the roads front of the mutual influent main points located in the Gebro-Eup, the wife population, which is acceptable.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Report on the situation and detection of the drinking driver;

1. A medical certificate (C, E, F, and G);

1. On-site photographs;

1. A copy of the inquiry report on criminal records, etc. and the summary order of the investigation report;

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