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(영문) 수원지방법원 안산지원 2015.12.24 2015고단2863
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. Around 02:30 on August 30, 2015, the Defendant driven a B SP car while under the influence of alcohol concentration of about 0.147% in a section of about 200 meters from the front day of the Seoul Flaon, which is located in the line of the members of Ansan-si, Ansan-si to the shooting distance of the Gangwon-si, Seoul High School.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B SP car.

At around 02:30 on August 30, 2015, the Defendant driven the said car while under the influence of alcohol and proceeded with the roads near the private distance of the Gangwon High School located in the Dong-gu, Ansan-si. The Defendant was under the influence of alcohol from the boundary hospital to the central gas station.

At the time, it is an intersection where a signal is installed at night and at that time, so in such cases, a person engaged in driving a motor vehicle has a duty of care to reduce the speed, to live well on the right and the right, and to drive the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and received a part of the left side of the D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to survey reports on actual condition, relevant photographs, notification of the results of the drinking driving control, records, and medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act.

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