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(영문) 수원지방법원 2016.09.28 2016고단3997
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury before the risk) and engages in driving a motor vehicle by obtaining a franchise.

On June 18, 2016, the Defendant driven the said vehicle at a low alcohol level of 0.195% in a state where normal driving is difficult due to the influence of alcohol during blood transfusion at around 05:40, while driving the said vehicle at a low speed, the Defendant driven the front road of the C in the eth of the same ethic ethic ethic ethic ethic eths from the surface of the same ethic ethic ethic ethic

In this case, the defendant who drives a motor vehicle has a duty of care to prevent accidents and safely drive the motor vehicle by accurately operating the steering side and the steering gear.

Nevertheless, the defendant neglected this and operated the center line of white domin line in the road construction, and caused the damage to the front part of the franc vehicle that the defendant is driving in front of the franc vehicle that the defendant is driving in front of the franc vehicle that the victim D(70) who was driving in front of the franc vehicle.

As a result, the Defendant suffered injury such as brain-dead which requires approximately two weeks of medical treatment due to negligence in driving a motor vehicle while normal driving is difficult.

2. On the same date as paragraph 1, the Defendant was driving a franchise vehicle as described in paragraph 1 while under the influence of alcohol concentration of about 0.195% in blood in the section of approximately 3 km in the same city from the flusium of the postal Eup to the front of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

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

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act shall be punished by imprisonment; and

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