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(영문) 수원지방법원 안산지원 2016.05.13 2016고단780
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 engaged in driving a observer car B.

On January 11, 2016, the Defendant driven the said car under the influence of alcohol concentration of 0.163% among blood transfusions on January 13:48, 2016, while driving the said car at a 0.163%, and the post office private distance in light of light was driven at a non-speed speed depending on one lane among four-lanes in flow at the engbbb and flow.

In this case, the driver of the vehicle had a duty of care to live well on the right and the right and the right of the driver of the vehicle and to drive the vehicle safely in accordance with the new code of the vehicle.

Nevertheless, the Defendant neglected this and received the left-hand part of the victim C(32 hh) driving which was left-hand in accordance with the signals of the vehicle in front of the said Defendant’s driving vehicle due to the negligence of disregarding and proceeding, even though the vehicle signal was a stop signal due to the influence of drinking, and due to the negligence of disregarding and driving the said signal, the part on the left-hand side of the victim C(32 h) driving, which was left-hand in the front of the said vehicle.

Ultimately, the Defendant caused the victim’s injury by occupational negligence, such as salt, tension, etc., of the trend that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of driving at home;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the maximum and minimum limits of a long-term punishment shall be the crime of violating the Road Traffic Act) of the aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation of orders to attend lectures (the scope of recommendations) and the basic area (the injury or injury caused by traffic accidents) of the type of ordinary traffic accidents.

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