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(영문) 수원지방법원 성남지원 2016.08.11 2016고단1181
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaged in driving car B.

On April 13, 2016, around 08:00, the Defendant driven the road in front of the branch office of the Gyeongnam-si branch office of the Gyeongnam-si, Busan-si along the three-lane of the 3-lane between Seoul and Busan-do.

At this point, since he was a bend road where a sucked surface was mil, there was a duty of care to prevent accidents by reducing speed for a person engaged in driving of a motor vehicle and by safely driving by checking the traffic situation of the front left and right right.

Nevertheless, the Defendant was driving under the influence of alcohol concentration of 0.181% in blood with a clear distance and the color of blood so that they can be seen as having been driving on the right side of the Defendant, and was driving on the same side from the Defendant’s right side (n), and then received the part on the left side of the Big Vehicle when driving D (n. 26 years old) as the part on the back side of the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as dump dump, tension, etc., which requires approximately two weeks of medical treatment.

2. From around 13.08:00 on April 13, 2016, the Defendant driven the said car while under the influence of alcohol content of 0.181% in alcohol on the road from the front of the mutual unsound club located in the Gangnam-gu Seoul Metropolitan Government to the front road in the branch of the Gannam-si, Gannam-si. In addition, the Defendant driven the said car under the influence of alcohol content of the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Report on the circumstances of a driver who makes a drinking and the result of regulating drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Punishment.

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