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(영문) 수원지방법원 안양지원 2015.05.21 2015고단154
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. On January 24, 2015, the Defendant: (a) driven a BK-5 vehicle at a 1km section from the front side of the Henyang-dong in the city of 0.122% alcohol level while he was under the influence of alcohol on January 24, 2015 to the front side of the private-purpose distance in the Gu of 1km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) stated in the preceding paragraph that the Defendant is unable to drive normally due to influence of alcohol that reaches 0.122% of blood alcohol level, while driving the vehicles listed in the preceding paragraph in the situation that it is difficult to drive normally, and stated the four-lane of the private white distance distance as the three-lane of the indictment in the front school located in the front school located in the front school located in the front school, but this appears to be a three-lane of the three-lane of the indictment, which appears to be an obvious clerical error in the “three-lane.” As a result, the Defendant driven at a speed of about 40

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and brake system of the motor vehicle.

Nevertheless, due to the negligence that the defendant neglected this, while driving in front of the vehicle while driving in front of the traffic signal, suffered injury, such as light salt, etc., in need of treatment for about two weeks each by the victim E (V, 21 years old), F (V, 19 years old) who was driving by the defendant at the front part of the above vehicle operated by the victim C (V, 47 years old) and the victim E (V, 21 years old), the passenger of the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence status of a traffic accident prepared C;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. A photograph of the vehicle and on-site photograph;

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

1. Relevant Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the facts constituting the crime;

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