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(영문) 수원지방법원 안산지원 2015.11.27 2015고단3389
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B.

On November 10, 2015, the Defendant driven the said car with a blood alcohol content of 0.130% 0.130% at a speed of 60km per hour in the direction of the Corporation from the direction of the king to the intersection of the 188 Industrial Bank in front of the Gyeonggi-si, the Defendant continued to drive the said car at a speed of 10km per hour in the direction of the Corporation.

At the same time, there was an intersection where signal lights are installed, so in such a case, the driver had a duty of care to reduce the speed and to safely drive the signal in accordance with the signals and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and received the front part of the Dice-gu car driven by the victim C (33 years old) who was passing through the intersection in accordance with normal signals in the direction of the Ansan Park in the direction of the Ansan Park in the direction of the stop-gu Park. The front part of the Dice-gu car was driven by the Defendant on the right part of the gallon car operated by the Defendant.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the right hand hand hand hand hand hand over the right side which requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a car with a gallon under the influence of alcohol by 0.130% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving a sound driving) and the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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