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수원지방법원 2017.09.13 2017고단3892
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On April 29, 2017, the Defendant driven the three-laned road in front of D in Sungsung City around 23:40, while under the influence of alcohol level of 0.197% in blood, and proceeded at approximately 40-60 km/h speed in the direction of the Western coal basin, along that two-laned two-lanes in the direction of the new city.

In such cases, since there is a private street intersection where the signal lights are installed, the driver of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes while living well on the right side and the right side of the motor vehicle.

그럼에도 불구하고 피고인은 이를 게을리 한 채 전방 주시를 부주의한 과실로 때마침 같은 2차로 교차로의 횡단보도 앞에서 차의 고장으로 비상등을 켜고 정차하고 있던 피해자 E( 남, 55세) 운전의 F 아반 테 차량의 조수석 쪽 후미 부분을 피고 인의 차량 운전석 쪽 휀 다 부분으로 들이받고, 계속해서 그 충격으로 피해차량이 앞으로 튕겨 나가 횡단보도 차량방지 기둥을 충격하게 하였다.

Ultimately, the Defendant, while driving a motor vehicle in a situation where normal driving of the motor vehicle is difficult due to drinking, was inflicted on E, who was in excess of the damaged vehicle for about four weeks, due to an injury on the climatic salt, etc., which requires a four-day medical treatment, and on the part of the victim G (V, 17 years old) who was on the top of the damaged vehicle, suffered from the injury, such as the climatic salt, tension, etc. requiring a three-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology to E;

1. Results of watching and watching booms images of vehicles;

1. Traffic accident reports, photographs, alcohol appraisal reports, reports on the detection of drivers who take the main place, and the application of Acts and subordinate statutes to each medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5-1 of the same Act concerning the crime committed.

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