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(영문) 수원지방법원 안산지원 2016.10.28 2016고단2118
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

1. On March 18, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving B Poter II cargo vehicle while under the influence of alcohol of 0.161% of blood alcohol concentration in front of the alley-gu, Ansan-si, Ansan-si, Ansan-si on March 18, 201, while driving B Poter II cargo vehicle and driving on the shore with a speed of about 40km on the shore.

Since they are front of the intersection, there was a duty of care to operate safely by properly operating the steering and brakes while living well in the front.

Nevertheless, under the influence of alcohol, the Defendant received the back portion of the DNA rocketing car driven by the victim C (IS, 41 years old) who is waiting for a signal in front of the area due to negligence in which he was unable to live well, and therefore, received the front portion of the said cargo vehicle.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as light dynasium in need of treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) driving a vehicle under the influence of alcohol level of 0.161% at the section of about 1 km from the Do near the elementary school near the scambagu in Ansan-si, Ansan-si to the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, a report on actual condition survey report (1) (2);

1. A report on the occurrence of a traffic accident and on-site photographs;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury) and choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.

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