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(영문) 수원지방법원 안산지원 2015.12.08 2015고단3051
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 passenger car B high-

On September 25, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.136% around 13:15, while under the influence of alcohol, and continued to drive the said car at a speed of 0.136%, leading to two-lanes from the boundary of the forest reservoir to the luminous speed.

Since the location was an intersection where signal lights are installed, there was a duty of care to confirm whether a person engaged in driving service has a vehicle traveling along the intersection and to drive safely in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant was unable to properly operate the operation system, and the Defendant was under the influence of the victim C (Woo, age 31) who was under the stop in the front section of the Defendant’s vehicle and was driven by the victim C(W).

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, thereby suffering from the injury of the victim, such as the crypumum in need of treatment for about three weeks.

2. The Defendant, at the time and place specified in Paragraph 1, driven the said low-speed car while under the influence of alcohol by 0.136% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, accident-related photograph, blood alcohol appraisal report, and medical certificate;

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Criminal Act.

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