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(영문) 수원지방법원 여주지원 2016.07.19 2016고단534
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

around 23:35 on May 10, 2016, the Defendant, who is engaged in the business of driving Lone Star Co., Ltd., was driving the said passenger car under the influence of alcohol concentration of 0.186% in blood, while driving the said passenger car under the influence of alcohol concentration of 0.186% in the direction of the distance of the company from the direction of the company.

At the time, there is a night and a place where the center line of yellow solid lines is installed, so there was a duty of care to see the front line in the person engaged in driving service and to safely operate the car line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the steering and brakes properly, and the part on the left-hand box of the victim E(46) driveed by the driver E(S) and the cargo loaded on the left-hand box of the cargo vehicle, which is driven by the driver due to the negligence of not operating the steering and brakes properly.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as an internal flag, etc., in the part part of the 1 water unit, which requires a five-day medical treatment for the victim E, and an injury, such as an internal flag, etc., on the part of the part of the flaz, which is the front part of the flaz, and an injury to the victim G (the flaz, 47 years old) who is the flaz of the said Cost flaz, for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Report on the occurrence of a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A written appraisal of alcohol during blood;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of the statutes governing traffic accident-related photographs;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (each.

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