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(영문) 수원지방법원 성남지원 2016.01.07 2015고단2385
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

[criminal history] On March 25, 2010, the Defendant was issued a summary order of a fine of two million won for a crime of violating road traffic laws (drinking driving), and on June 4, 2010, by the Seoul Eastern District Court, a fine of four million won for a crime of violating road traffic laws (drinking driving), respectively.

[Criminal facts] The Defendant is a person who is engaged in driving a DMW X6 car.

As above, the Defendant driven the said car under the influence of alcohol concentration of 0.154% on August 12, 2015, even though the record of violating drinking regulations was two or more times, and the Defendant driven the said car under the influence of alcohol concentration of 0.154% on the blood transfusion on August 12, 2015, and driven the road in front of the Industrial Bank Training Institute of the Korea Industrial Bank, which is under the influence of the U.S., at the west of the U.S., at the ethic speed of the two lanes from the ethic intersection to the stadium.

At night, at the time of the defendant's front time, the FM7 passenger cars of the victim E(60) driving are in progress, so there was a duty of care to prevent accidents in advance by keeping the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are secured.

Nevertheless, the Defendant neglected to drive a sM7 vehicle in the situation where it is difficult for the Defendant to drive the vehicle normally due to the above influence of drinking, and neglected to drive the sM7 vehicle at the front week, and did not discover the sM7 vehicle and received the sM7 vehicle behind the sM7 vehicle at the front part of the sM6 vehicle.

As a result, the Defendant suffered injury to the above victim by negligence in the above business, such as brain-dead sugar, which requires approximately three weeks of medical treatment, and injury to the victim G who is a passenger of the above SM7 car (MM7 years of age), including brain-dead, for about three weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Relevant Article of the Act and the aggravated punishment, etc. of specific crimes as to the crime.

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