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(영문) 수원지방법원 2018.01.23 2017고단6772
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving a motor vehicle B.

On September 23, 2017, the Defendant driven the said car under the influence of alcohol level of 0.193% during blood alcohol level from Sep. 23, 2017, while driving the said car, and driving the intersection that is located in the slowly west at Suwon-si, along the two-lanes from the river basin to the Rural Development Agency in the direction of rural development.

At that time, the signal, etc. was installed, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering system in accordance with the new code and accurately manipulating the steering and steering system to a person engaged in driving a motor vehicle.

Nevertheless, under the above circumstances, Defendant 1 was under the influence of alcohol and neglected to make a left-hand turn to the left at the right-hand side of the injured party C(62 Systunay) drive (62 Systunay) due to the negligence in contravention of the signal, and received the part prior to the left-hand side of Defendant 1’s driver’s driving.

As a result, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for him to drive normally, and suffered a scarbling of a scarcity that needs to be treated for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on the actual condition of a traffic accident, a report on the circumstances of the driver involved, a response to a request for appraisal, and a report on detection of the driver involved;

1. Photographs of a traffic accident-related vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of a motor vehicle), and choice of imprisonment with prison labor, for the crime;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the total of the long-term punishments for each crime, and the minimum sentence shall be determined by the crimes of violation of traffic laws on roads; and

1. Article 62(1) of the Criminal Act:

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