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(영문) 수원지방법원 안양지원 2016.10.07 2016고단650
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. Each Defendant is engaged in driving a B X-F car.

On March 28, 2016, the Defendant was under the influence of 0.169% of blood alcohol concentration at 0.35%, and was driving the said X-ray car and driving the road ahead of the Hai High School located in 238, Anari-gu, Anari-gu, Anari-gu, Anari-gu, Anari-gu, Anari-gu, face color, red, non-distance, and sounding, which makes it difficult for the Defendant to drive under the influence of drinking, while driving the said X-do, while driving the said X-do car at the front direction, the Defendant was under the influence of the alcohol, and the Defendant was under the influence of the driver’s vehicle in the front direction, and the Defendant was under the influence of the victim D (the 28 years old) who parked in the front direction.

Ultimately, the Defendant suffered injury to the victim D and the victim F (the age of 27) who was on board the said car with the foregoing occupational negligence, by each of the above occupational negligence, for approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in the foregoing paragraph (1), and while under the influence of alcohol by 0.169% as stated in the foregoing paragraph (1), the Defendant driven the above X-ray car.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and D;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, reports on the state of driving at home, and reports on the control results of drinking driving;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crimes against death or injury resulting from dangerous driving) of the same Act shall be set forth in Articles 40 and 50 of the same Act.

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