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(영문) 수원지방법원 성남지원 2016.05.26 2016고단359
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 17:15, 2016, the Defendant driven a B Poter-II truck under the influence of alcohol content of 0.240% while under the influence of alcohol, from the mutual influence warehouse in the Switzerland-dong in the Gyeonggi-si of the Gyeonggi-si to the route near the west of the same city at the same time.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was a person engaged in driving of the above Poter II cargo, driving the motor vehicle for the one mentioned in paragraph (1), the one mentioned in paragraph (1), and the two Poter II cargo, thereby making a left-hand turn to the left-hand turn from the seat of the Poter-dong community service center located near the ancient-do community service center located in Chuncheon to the intersection of the law.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded with a stop signal while under the influence of 0.240% of alcohol during blood with a degree of 0.240% wide and high beam, but neglected this signal and left left by negligence at the shooting distance room at the entrance of the sampling and at the seat of the Chuncheon-dong community center in accordance with the mastal fri, when the Defendant neglected this, and went to the room of the Chuncheon-dong community service center.

C was driven by the Di 40 passenger wheeler in front of the Defendant’s vehicle. They were able to receive the front wheeler in front of the Defendant’s vehicle.

Ultimately, under the influence of alcohol, the Defendant driving the said Poter II cargo vehicle in which normal driving is difficult due to the influence of alcohol, and suffered injury, such as cerebral fresh in need of treatment for about 2 weeks, to the victim E (the 59 years old) who was on board the said Poter II cargo vehicle, and suffered injury, such as thale for about 30 years of age, respectively, to the same victim F (the 30 years of age), and the same victim G (the 29 years of age), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Report of a traffic accident, report of a traffic accident, each photograph, and notification of the results of crackdown on drinking driving;

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