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(영문) 수원지방법원 안산지원 2018.03.29 2018고단280
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant

A is a person driving a BN car.

Although the Defendant is under the influence of alcohol or drugs, he/she shall not drive a motor vehicle, etc. while normal driving is difficult, but the Defendant was under the influence of around 02:0 on October 5, 2017 and around 0.197 percent (in the numerical value 0.196% reduction by 0.01%) of alcohol level in blood, he/she was under the influence of alcohol or drugs, he/she was under the influence of driving the motor vehicle, etc., but he/she was under the influence of at least 0.197 percent (in the numerical value 0.196% reduction by 0.01%), the Defendant was under the influence of alcohol or drugs at the 321km of the parallel line on the Yellow Highway in the direction of Seoul TG.

The driver had a duty of care to live well on the right and the right and the right and duty of care to safely drive the vehicle.

Nevertheless, while driving with neglecting this, the victim C(54 tax, female) who has been driving in two lanes due to the negligence of the two lanes.

D) The upper part of the right side of the niven vehicle of the niven vehicle conflict with the upper part of the Defendant's driving vehicle.

Ultimately, the Defendant caused the above traffic accident while driving a motor vehicle in a state where normal driving is extremely difficult due to drinking, and the Defendant suffered injury to the victim E (51 ,00 ,00 ,000) and F (23 ,000 ,000 ,000 ,000 ,000 ,000 ,000 ,000 ,000 ,000).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on traffic accidents, reports on the circumstances of drivers of drinking alcohol, and notification of the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The main sentence of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving) and the main sentence of Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with prison labor (including drinking driving power, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended execution (the fact that the defendant commits an error is against his/her will; and

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