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(영문) 수원지방법원 안산지원 2016.03.23 2016고단151
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:40 on January 17, 2016, the Defendant: (a) driven C, while under the influence of alcohol, 0.144% alcohol level from the 3km section from the front of the B road to the front road of the old new road in Ansan-si, an Ansan-si, the Defendant driven C, under the influence of alcohol leveling 0.14% from the 3km section from the front of the B road to the front road of the new road in Ansan-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving of the last car in C.

On January 17, 2016, at around 00:40, the Defendant, as described in paragraph 1 of the same Article, driven the above car in an inaccurate manner, with the difficulty of driving the car normally, such as a remote distance between walking and walking, and made a turn to the left in the direction of an elementary school along the new road in the direction of the king-dong Water Resources Corporation, in Ansan-si, in which it is difficult to drive the car normally.

A driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering wheel and steering the steering wheel and brake system.

Nevertheless, the defendant neglected to turn to the left at a two-lane and failed to turn to the left, and the part behind the left behind the left side of the passenger taxi driver's vehicle operated by the victim D, who turned to the left in the same direction at the two-lane, was shocked by the front part of the defendant's vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered from the injury of the Defendant, such as a climatic dump, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. On-site medicinal map;

1. On-site photographs;

1. Measuring devices;

1. The circumstantial report of the driver employed at the main place;

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

1. Article 148-2 (2) of the Road Traffic Act concerning the crime and Article 148-2 of the same Act concerning selective punishment;

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