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(영문) 수원지방법원 안산지원 2018.07.19 2018고단1625
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 12, 2018, the Defendant driving a Radon car in the state of alcohol concentration of approximately 0.146% in the 2km section from the upper end of the center of the members of Ansan-si to the long distance of the C Hospital located in Ansan-si Group B from the upper end of the center of the members of Ansan-si to the long distance of the C Hospital located in Ansan-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) (the Defendant is engaged in driving of Drac vehicles, and on April 12, 2018, the Defendant driven the above vehicle and proceeded to turn to the left at the speed of the city at the speed of six lanes from among the roads located in C Hospital B located in Ansan-si, Ansan-si, Aunsan-si.

Since there is an intersection where a signal is installed, there was a duty of care for a person engaged in driving of a motor vehicle to drive the motor vehicle safely in accordance with traffic signals.

Nevertheless, while under the influence of alcohol, the Defendant was found to have been on the left left-hand side of the vehicle operated by the Defendant due to the negligence of failing to perform the above duty of care and in violation of the right-hand turn-hand turn-hand signal, and due to the negligence on the part of the Defendant’s driver’s vehicle driving under the new subparagraph in the adjacent part.

As above, Defendant 1 driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as dump salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Blue boxes and video CDs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44 (1) (the point of driving alcohol and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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