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(영문) 수원지방법원 2018.10.31 2018고단4583
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of 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 before the risk) is a person engaging in driving a rocketing car.

On July 29, 2018, when the Defendant is unable to drive normally, such as under the influence of alcohol content of 0.210% during blood transfusions, making normal walking impossible and smelling, the Defendant driven the said vehicle, driving the DNA road in front of the instant vehicle C at a flow, and driving the said vehicle at a non-speed speed depending on one-lane in both sides of the road at the fluence of the fluence, along the fluence of the fluence.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to prevent accidents through thorough operation of the entire city and safe maintenance of the tea.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in operating a vehicle with the center line, and was shocked with the front part of the vehicle of the Defendant on the F driven by the victim E (60) who was normally driven in the opposite side of the horse at the time.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light salt, tension, etc. which requires approximately two weeks medical treatment.

2. The Defendant, at the time, and at the place specified in paragraph 1 above, driven a B rocketing car under the influence of alcohol level of 0.210% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions, on-site photographs, and medical certificate;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

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) 1 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 Code, and Article 38.

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