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(영문) 수원지방법원 성남지원 2016.09.12 2016고단1692
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

1. On March 22, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driving a BS-type car under the influence of alcohol content of 0.122% during blood transfusion on March 22, 2016, while driving a BS-type car with the alcohol content of 0.122%, the Defendant left the right to the right to the right to the right to the right to the right to the right to the right to the west-type from the edge of modern Vietnamia while driving the B S-type car with the alcohol content of 0.

At the time, it was night and its location was a three-distance without signal, so there was a duty of care to safely drive the car by reducing speed and checking well the right and the right of the vehicle driver.

Nevertheless, under the influence of alcohol, the Defendant was driven by the Defendant with the front wheel part of the F Two-wheeled Automobile driven by the Victim E (51) who was driving from the modern beca to D due to his negligence while driving.

As a result, the Defendant suffered injury to the above E by occupational negligence, which requires approximately two weeks of medical treatment due to the influence of drinking, such as the right-hand sprinke, etc.

2. The Defendant violated the Road Traffic Act (drinking driving) at the time and time set forth in paragraph 1, the Defendant driven a BS-type car with a alcohol content of about 800 meters from the 800-meter section to the D’s front road located in the Hannam-si, Gyeonggi-do, under the influence of alcohol content of 0.122% from the 80-meter section to the D’s front road located in the Hannam-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. A report on the detection of a driver engaged in driving and a report on whether to drive any danger;

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, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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