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(영문) 수원지방법원 2016.07.13 2016고단1451
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 23, 2009, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Gwangju District Court on May 25, 2010, and a fine of 2 million won for a violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court on May 25, 2010, and on November 19, 2015, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act at the Gwangju District Court on November 27, 2015 and was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act at the Gwangju District Court on November 27, 2015.

[Specific Crime]

1. On September 19, 2015, the Defendant, while under the influence of alcohol at around 17:38 on Sep. 19, 2015, driven a B rocketing car from the mutual influence house located in the Dong-gu Dong-gu, Gwangju to the same Dong-gu, and around 3km to the pre-road of the department store.

2. On the date stated in paragraph 1, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was obliged to drive the said rocketing car in the direction of Samsung Life in the direction of the Samsung River, depending on the first lane, along with the three-lane road in front of the department department store, and thus, the Defendant had a duty of care to keep the front and rear left and right and use the brake and steering gear properly.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive normally due to 0.165% alcohol concentration in the blood while under the influence of alcohol, such as the state of speech and walking and walking without normal conditions, and was negligent in driving the said string part of the vehicle in front of the said string, which was driven by the victim C who was under way in the front bank of the Defendant.

As a result, the Defendant, while driving in a state where normal driving is impossible due to influence of drinking, was negligent in neglecting the duty of an all-time drinking, resulting in an injury to the victim, such as culp salt for about two weeks in need of medical treatment.

Summary of Evidence

1. The defendant's oral statement;

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