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(영문) 수원지방법원 안양지원 2016.05.20 2015고단1751
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. On November 16, 2015, the Defendant: (a) driven three cargo vehicles under the influence of alcohol level of about 0.203% from the 2km section of the blood alcohol level from around 16:09 to the same 499 malton-ro, Yanyang-gu, Mannyang-gu, Mannyang-gu; (b) around 22:09, the Defendant driven three cargo vehicles under the influence of alcohol level of about 0.203% from the 2km section of the blood alcohol level.

2. The Defendant is a person who is engaged in driving service of the said C-wing and the third cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On November 16, 2015, the Defendant driven the above cargo vehicle while under the influence of alcohol as set forth in No. 22:09 on November 16, 2015, and proceeded at a speed of about 40 km per hour, depending on the speed of about 40 km between the two-lanes, in the front of the Suyang-gu Snyang-gu Hanyang-gu Hanyang-ro, and the front of the friendly apartment, from the front of the two-lanes, in the direction of salke distance.

In such cases, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents, such as securing and driving safety distance to avoid the situation of driving a motor vehicle in a situation where the driver stops due to a well-round traffic situation.

Nevertheless, due to negligence while under the influence of alcohol, the Defendant: (a) discovered the E-5 vehicle driven by the victim D, who was under the stop in accordance with the new subparagraph, at the front of the Defendant; and (b) received the vehicle behind the Defendant’s cargo vehicle in front of the vehicle.

As a result, the Defendant was at risk driving in a state where normal driving is difficult due to the influence of drinking, and the Defendant suffered injury to the victim, such as a shot of a large number of shots and shots which require approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting of a traffic accident (1) (2);

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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