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(영문) 수원지방법원 여주지원 2015.06.03 2015고단319
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On January 26, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving the front road of Dobong-gu Seoul, Seoul, under the influence of alcohol level 0.31% under the influence of alcohol level 0.31%, and led it to the direction of a home plug in the direction of a bridge.

Since there is no distinction between delivery and vehicular road, there was a duty of care to operate a person engaged in driving of a motor vehicle by properly operating the steering gear while keeping the steering room well.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the steering gear, and was faced with the wheels front of the right side of the victim D(the age of 91) who was walking from the right side of the running direction of the Defendant due to the negligence of failing to properly operate the steering gear.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as the cutting of the upper left-hand leg, which requires approximately four weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the same time and at the same time, driven a vehicle of 3.31% of blood alcohol level in the section of about 500 meters from the French land in Dobong-gu Seoul Metropolitan Government, to the road specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report and a traffic accident report;

1. Statement on the circumstances of a drinking driver, report on detection of a drinking driver, and records and output of the results of measurement of drinking;

1. Photographs of the accident site;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (as to measurement of suspect drinking);

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

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