(영문) 수원지방법원 안산지원 2016.01.14 2015고단3189

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(영문) 수원지방법원 안산지원 2016.01.14 2015고단3189

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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. The Defendant is a person who is engaged in driving the second cargo vehicle B, and is also engaged in driving the second cargo vehicle B.

On September 14, 2015, the Defendant driven the foregoing cargo vehicle under the influence of 0.112% alcohol during alcohol during the blood transfusion around 20:20, while driving the 5 lane at a speed of about 70 km in the direction of Seoul at a speed of about 332.2km in the direction of Seoul on the west coast Highway at a speed of 332.2km along the direction of Seoul at a speed of about 70 km in the direction of the city in the direction of the city at a speed of epos.g., the Defendant changed the lane to 5 lanes.

Since vehicles enter the expressway from the ICT, the driver has a duty of care to safely change the lane after checking whether there is a vehicle that is operated on the lane in which the driver intends to enter as well as after checking the rear side.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in changing the lane as it was, and the Defendant was driven by the victim C(62) who had entered the said expressway and proceeded five-lanes from the said expressway by the negligence of changing the lane as is, and was driven by the victim C(62) to the right part of the front part of the freight driven by the Defendant.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (35 years), who is the passenger of the freight vehicle, to receive approximately four weeks of treatment. In addition, the Defendant suffered injury to the victim E (35 years of age) by driving the said car for about three weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said B 2 cargo vehicle under the influence of alcohol level of 0.112% in blood at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. A statement of the E-document;

1. Notification of the results of the drinking control, and drivers of drinking;

참조조문

-특정범죄 가중처벌 등에 관한 법률

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