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(영문) 수원지방법원 성남지원 2016.09.22 2016고단1658
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 May 27, 2016, the Defendant: (a) driven a Dice-type car under the influence of alcohol with approximately 1k alcohol concentration of about 0.182% from the section of about 1k to the front road of a restaurant located in Gwangju City, 16:57, around the 106 GS convenience store located in the Gyeong-si, Gwangju City, Gwangju, about 16:57 on the same day.

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 motor vehicle in the D Spanpo area.

On May 27, 2016, the Defendant driven the said car under the influence of alcohol, as described in paragraph 1, around 16:57, and led to the driving of the said car, leading roads in front of the C cafeteria in Gwangju City, to the flow-distance outflow from the jurisdiction of the central high school of Gwangju metropolitan cities.

At the time, since other vehicles are reserved on the right side of the road, there was a duty of care to confirm and accurately operate steering and brakes for those engaged in driving vehicles.

Nevertheless, the Defendant neglected to drive the car at a normal level due to the influence of the above drinking, and caused the victim E (51) who stops on the right side of the road with the front part of the car in front of the right side of the car driven by the Defendant due to negligence. The Defendant was able to receive the part of the driver’s seat of the F Poter Cargo Driving on the right side.

Ultimately, the Defendant suffered from the Defendant’s injury to the Defendant’s base and tension that requires approximately two weeks of medical treatment due to occupational negligence as seen above.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual investigation report on traffic accidents;

1. Investigation report (applicable to death or injury caused by driving dangerous animals);

1. Notification of the results of regulating drinking driving;

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

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