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(영문) 수원지방법원 평택지원 2016.04.15 2016고단230
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant is a person engaging in driving a observer car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On January 27, 2016, the Defendant, while under the influence of alcohol 0.186% during blood transfusions, was driving the said vehicle on the right side of Pyeongtaek-si from the shooting distance between the two lanes in front of the 1-lane 26 new high school of Pyeongtaek-si with the alcohol content of 0.186%.

At night, in such cases, a person engaged in driving of a motor vehicle had a duty of care to prevent an accident by accurately manipulating the steering direction and brakes, and by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant, while being under the influence of alcohol and was negligent in proceeding on the front side of the Defendant’s vehicle, received the rear part of the Victim C(60) drive DSS7, which was proceeding on the front side.

Ultimately, the Defendant driving the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as satise finites and tensions in front of the horse that require approximately two weeks of treatment to the victim E (59 years of age) who is the passenger of the damaged vehicle, and suffered injury to the victim E (59 years of age) who is in need of approximately two weeks of treatment to the same passenger.

2. On January 27, 2016, the Defendant was under the influence of alcohol content of 0.186% in blood at around 23:50, the Defendant driven a B observer car from the 2km section to the front road of a high school located in about 2km in the same hour on the road located in Pyeongtaek-si-dong 26 in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Criminal facts;

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