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(영문) 수원지방법원 안산지원 2016.09.20 2016고단2466
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 June 11, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven Bmp car with alcohol concentration of 0.136% in the front side of the Om apartment, which is located on the coast of the Yan apartment located on the uppermost-gu in Ansan-si, Ansan-si, Ansan-si, and led the Defendant to proceed to the lake Park from the side of the anti-monthly.

At that point, there was an intersection where signal lights are installed, so the driver neglected his duty of care to accurately operate the steering direction and brakes in accordance with the new code and prevent the accident in advance, and as the defendant neglected his duty of care to prevent the accident, and went off due to the influence of drinking, the defendant's vehicle of the victim C (the 64-year-old driver) who was driving at the same lane in the same direction and stopped by signal signaling at the same direction, delayed detection of the vehicle of the victim C (the 64-year-old driver), and shocked the back part of the damaged vehicle with the front part of the Defendant's vehicle. The driver shocked the FSM vehicle of the victim E (the 50-year-old driver) who was under the influence of the vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt, tension, etc. of the trend requiring two weeks medical treatment, respectively, to the victims.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a bmp car under the influence of alcohol at the time and place specified in paragraph 1, while under the influence of alcohol 0.136%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. Each written diagnosis;

1. A report on the occurrence of actual condition investigation and a traffic accident;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the circumstantial report of drivers engaged in driving;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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