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(영문) 수원지방법원 여주지원 2017.01.11 2016고단921
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

The defendant is a person who is engaged in driving a DM car.

On March 27, 2016, the Defendant driven the said car under the influence of alcohol concentration of 0.295% during blood transfusions on March 27, 2016, and driven the 1st bus stop in the direction of a new distance from the e-mail.

A driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulatinging, steering, and brakes in a prior situation.

Nevertheless, the Defendant was fluent by the negligence that he was unable to accurately operate the operation of the operation of the operation under the influence of a large string, snow with a little string, eye, and face color with red, and due to the negligence that he was unable to correctly operate the operation of the operation of the operation under the influence of alcohol, the Defendant was able to drive the vehicle behind the victim E-driving, which was stopped at the same time as the stop of the operation of the vehicle of the Defendant.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim E, such as salt, tension, etc. of the bones of wood that requires a two-day medical treatment, injury to the victim G who was on the part of the victimized vehicle, such as a climatic signboard accompanied by the ppuri disease, which had been living together for about three weeks of treatment, and injury to the victim H, such as a cerebral dys, which had no head open within the head requiring a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. A report on the detection of the driver at each primary driving and a statement on the circumstances of the driver at each primary driving;

1. A written appraisal of alcohol concentration in the blood;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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