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(영문) 수원지방법원 여주지원 2016.05.04 2016고단113
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. The Defendant is a person who is engaged in driving a car with B knife in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 19, 2016, when the Defendant was under the influence of alcohol level 0.154% during blood transfusion, the Defendant was driving the said maid while driving on the said maid line, and continued two-lanes of the two-lanes in the vicinity of Enju City C toward the monthly intersection from the intersection of traffic.

Since there is a road that has a centralized separation, there was a duty of care to proceed to the person engaged in driving service as a part of the right side of the central separation.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the said road beyond the center of the road, and the victim D (48 aged) who normally proceeds from one lane due to the negligence of driving the said road over the center of the two lanes, and received the front part of the driver's seat of the E-Poter cargo vehicle in front of the front line of the Defendant.

As a result, the Defendant driven the above van while it is difficult to drive the car normally due to the influence of drinking, and the Defendant suffered the victim’s loss, such as fingers and grandchildren who need to be treated for about two weeks.

2. The Defendant, in violation of the Road Traffic Act (drinking), driven a BKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. A report on the detection of a driver at the main place (A), and a report on the circumstances of the driver at the main place (40 pages);

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving) and Article 148-2(2)1 of the Act on the Aggravated Punishment, etc. of the Specific Crimes

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