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(영문) 수원지방법원 안산지원 2017.04.18 2017고단762
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the Grandroth.

On March 16, 2017, the Defendant was under the influence of alcohol 0.104% from the blood of 12:25 on March 16, 2017, and the blood was in an inaccurate, influenite and influenite, and the blood was red. However, the Defendant driven the said fluencing vehicle, which was 11-lane, and the Sinung-si was driving the said flucing vehicle, and the Defendant was driving the two-lanes of the two-lane road in front of the Gyeyang Middle Middle School along the two-lanes of the road in front of the metropolitan middle school, and changed the course to the two-lane.

In this case, the defendant engaged in driving service has a duty of care to safely change the course and prevent the accident without impeding the course of the vehicle driving.

Nevertheless, the Defendant neglected this and got the front right side of the victim C(50) driving the victim C(50) who was going to a two-lane of mast, with the Defendant neglected to change his course, and went to the right side of the said passenger.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, resulting in injury to the victim, such as brain, which does not have any wife in two open for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating drinking driving;

1. A traffic accident report;

1. Application of each statute on photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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