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(영문) 수원지방법원 2016.10.27 2016고단4946
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a passenger car B.

On July 16, 2016, at around 18:15, the Defendant driven the said vehicle while under the influence of alcohol of 0.109% of blood alcohol concentration, and driven the front of the color elementary school, which is located in 681, in the color of the straight line in Suwon-si, along the three-lanes of the upper string distance from the string distance.

At the time, there was a flow of the front door, and in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system by reducing speed and properly examining the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant, under the influence of alcohol, driven a vehicle in a state where it is difficult to drive the vehicle in a normal condition, such as red and rhythrhing, and due to the negligence that failed to properly operate the brake system, and received the backper of the DNA-learning vehicle operated by the victim C (hereinafter the age of 47) as the frontper of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of treatment for about two weeks.

2. A violation of the Road Traffic Act (driving) driven a vehicle B in the section of about 1.2 km from the uppermost apartment located in the sphere of Suwon-si to the front road located in the sphere of Suwon-si, Suwon-si, in a state of under the influence of alcohol by 0.109% of blood alcohol level at the time and time under the above paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. A report on detection of a host driver;

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 and Article 5-11 of the Selection of Punishment, etc. of Specific Crimes;

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