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(영문) 수원지방법원 여주지원 2016.07.19 2016고단552
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

The defendant is a person who is engaged in driving a low-priced car.

1. On April 13, 2016, the Defendant: (a) driven a motor vehicle with the highest alcohol level of about 70 meters from the 70-meter section to the road front of the National Forestry Cooperatives in Yancheon-si, Leecheon-ro, Leecheon-ro, 70-ro 72-gil 72, Jungcheon-si, Leecheon-si, the Defendant violated the Road Traffic Act (drinking) around 18:00, while under the influence of alcohol level of about 0.279%.

2. 특정범죄 가중처벌 등에 관한 법률위반( 위험 운전 치상) 피고인은 제 1 항 기재 일 시경 혈 중 알코올 농도 0.279% 의 술에 취한 상태에서 위 싼 타 페 승용차를 운전하여 이천시 중리 천로 72번 길 2에 있는 이천시 산림조합 앞 편도 1 차로의 도로를 남천공원 쪽에서 라온 팰리스 쪽으로 시속 약 5km 로 후진하게 되었다.

After the time, the defendant was installed at the crosswalk, and the victim C (V, 51 years old) was in the crossing, so in such case, the person engaged in driving service was found to have been in a duty of care to prevent the accident by accurately manipulating the steering direction and brake system, after checking whether there is a person who gets to walk the crosswalk as well as accurately operating the crosswalk.

Nevertheless, the Defendant, as described in paragraph 1, was under the influence of drinking so that it was difficult to drive a car normally due to the influence of drinking to the extent that it was impossible for the Defendant to properly hold the body due to the influence of drinking, even though he was under the influence of drinking while driving the car for the above low-speed car, which was due to the negligence on duty and caused the Defendant to neglect to drive the car for the first time, received the part of the victim’s right shoulder part following the car.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and caused the said victim to suffer bodily injury, such as the inside and outside of the body in need of medical treatment for about two weeks, and other impairment of the character.

Summary of Evidence

1. Statement by the defendant in court;

1. Police in relation to C.

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