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(영문) 수원지방법원 안산지원 2015.10.29 2015고단2682
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a car B.

On September 11, 2015, the Defendant driven the said car while under the influence of alcohol of 0.156% of blood alcohol level on September 11, 2015, and driven the two-lane road in front C at the time of the game show, one-lane in the direction of the large opical distance from the direction of the side.

At the same time, there is an intersection where signal lights are installed, so in such a case, the driver has a duty of care to reduce the speed of the driver and protect the vehicle line, and to safely drive the boom and prevent the accident in advance by driving the vehicle in accordance with good faith.

Nevertheless, under the influence of alcohol, the Defendant is negligent in neglecting this and proceeding ahead of it, even if it is a stop signal.

The part of the rear part of the Era vehicle driven by the victim D(35 years old) who stopped in accordance with the new rule was received as the front part of the Enas vehicle.

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, tension, etc., which requires approximately two weeks of medical treatment.

2. The Defendant, at the time and place specified in Paragraph 1, driven the said Ecoos car under the influence of alcohol by 0.156% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the written statements of D;

1. Application of the respective Acts and subordinate statutes stated in the traffic status survey report, traffic accident occurrence report, circumstantial statement of a drinking driver, notification of the results of drinking control, and diagnosis report;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. The Criminal Act among concurrent crimes.

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