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(영문) 수원지방법원 안산지원 2015.09.10 2015고단2067
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 11, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the BKanche vehicle at the speed of 0.273% in the direction of blood alcohol concentration at the 192-lane in front of the New ICT Telecommunication 192, Sin Seo-si, Sinsan City. The Defendant driven the BKanche vehicle at the speed of about 50km in the speed of Sincheon-dong along one lane from the Hacheon-dong side.

In the same direction as at the time, the victim C(the age of 45) followed the DNF rocketing car driven by the victim C(the age of 45), and thus, in such a case, the driver has a duty of care to properly manipulate the brake system and prevent accidents in advance when the driver stops a motor vehicle before the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes under the influence of alcohol and received the backer of the above NFLIs in the signal signal atmosphere in order to turn to the Seoul direction from the above new IIC streets.

As a result, the Defendant driven the above van while it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as the pain of a tree with which the number of days of treatment can not be known to the victim.

2. Around June 11, 2015, the Defendant was driving a BKanbon under the influence of alcohol leveling of about 0.273% in a section of about 9km from around 13:35 of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon Metropolitan City around the same day from the Do around 103:35 of the same day to the new ICT distance of approximately 9km-dong 192.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement (simplified traffic) with C;

1. Application of the respective Acts and subordinate statutes as stated in the report on the actual condition of traffic, the report on the occurrence of traffic accidents, the report on the detection of a driver of a primary driving, the report on the actual status of a

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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