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(영문) 수원지방법원 안산지원 2016.09.21 2016고단2571
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 April 27, 2016, the Defendant driven a CF car under the influence of alcohol by 0.173% from a 50-meter section from the 500-meter radius to the front road from the fluord in the fluor of the fluoral-dong in Ansan-si, Ansan-si, Ansan-si, Seoul-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving a car for car with C.

On April 27, 2016, the Defendant driven the above car at around 06:35, and led the Defendant to drive one lane on the road of 0.173% of alcohol concentration in the blood while under the influence of alcohol during the influence of alcohol. The road of 2-lane B in front of Ansan-si, Ansan-si, Ansan-si, the upper part of which was 0.173% in the influence of alcohol in the blood.

A person engaged in driving service has a duty of care to prevent accidents and drive safely by properly examining the right and the right of time.

Nevertheless, Defendant D (A) who entered the right side of the front right side of the vehicle in a building parking space in the front right side of the motor vehicle due to negligence in which it is difficult to drive a motor vehicle under the influence of alcohol as above, was driven by the victim D (A. 57). While the victim E (A. 29 years old), the victim E (A. 29 years old) delayed to drive the motor vehicle, the part on the left side of the motor vehicle was not avoided and the part on the left side of the motor vehicle of Defendant E.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victims, such as a fluoral base, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act, the selection of imprisonment for each sentence of imprisonment;

1. Trade name;

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