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(영문) 수원지방법원 평택지원 2016.06.29 2016고단739
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a motor vehicle B with low investment risk.

On April 23, 2016, while the Defendant driven the said car under the influence of alcohol content of 0.191% in blood at around 23:25, while driving the said car at a 0.191% alcohol level, and driving the front road of the said car at an instituous speed at an instituous speed, the Defendant was in the front part of the vehicle driven by the victim D (hereinafter referred to as “the 36-year-old driving”), which was driven by the Defendant, due to the negligence that was negligent in driving the front-way driving while failing to properly operate the steering and operation devices, as seen above, while driving the vehicle at the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt ties, tensions, etc. in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said vehicle under the influence of alcohol by 0.191% from the 8km section of blood alcohol concentration from the 8km section from the front of the cafeteria cafeteria Do, Sinsung-si, Sinsung-si, Sinsung-si, to the front of the same city training area from the 563-8 road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the actual condition of traffic accidents and a report on the occurrence thereof;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the choice of punishment, and the choice of imprisonment with prison labor under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Aggravation of concurrent crimes with the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the sum of the long-term punishments of two crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which punishment is heavier, shall be aggravated;

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