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(영문) 수원지방법원 평택지원 2016.03.24 2015고단1806
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 1806] The defendant is a person who is engaged in driving of a car in DCo.

On November 7, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.253% in blood, and led to the drive of the said vehicle in front of the Fa rehabilitation medical clinic located in Pyeongtaek-si E, along with the two lanes from the direction of Pyeongtaek-si to the sex exchange at an insular speed.

At the time, since the driver's duty of care was at night and there was a rain, the person engaged in the driver's duty of care has to live well on the front side and the left side, and to ensure the safety distance between the vehicle and prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the part of the lower part of the Defendant’s vehicle in front of the Defendant’s vehicle, which was driven by the victim G (W, 39 years old) who was standing in the signal atmosphere at the front of the signal cable.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim G, such as diversous salt, which requires a diversous treatment for about three weeks, and suffered injury to the victim I (the victim I, who was on board the victim I, who was on board the divers of the damaged vehicle, for about 17 years of age) for about one week.

[2016 Highest 26] On December 27, 2015, the Defendant driven a self-learning car without obtaining a driver’s license from around 1km to around 0.156% of alcohol content in blood, from around 03:40 to around 03:40 on the street in which it is impossible to find out the trade name in Pyeongtaek-si, Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. Statement on the circumstances of the driver at each driving school;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of the Act concerning facts constituting an offense;

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