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(영문) 수원지방법원 성남지원 2016.04.21 2016고단379
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 3, 2016, the Defendant was under the influence of alcohol leveling 0.132% from the upper corner of the 8-18th head of the Eup/Myeon in the Seocho-si in Gwangju-si to the 20:55th day from January 3, 2016, the Defendant driven a DNA 5 car under the influence of alcohol leveling from about 1km to the 0.132% of alcohol level in front of the gas station in Gwangju-si, Gwangju-si.

2. On January 3, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driving a DSS5 car under the influence of alcohol, as described in paragraph (1) around 20:5, the Defendant driven the DSS5 car, and turned down the intersection of the SM5 car in front of the C gas station located in Gwangju City, from the irrigation room to the slope of the B-ri reserve forces training site at the speed of 10km per hour.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to those engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant was negligent in entering the intersection in contravention of the signal while making it difficult to drive a car normally, and the part of the victim E (the 34-year-old driver)’s front part of the right part of the driver’s car of the victim E (the 34-year-old driver’s length-old driver’s length-old driver’s length-on-hand driver’s length-on-hand driver’s length-on-hand driver’s length-on-hand driver’s seat.

Ultimately, the Defendant suffered injury to the victim, such as finite salt, tension, etc., which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A medical certificate;

1. An accident scene photograph;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act (the driving of alcohol)

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