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(영문) 수원지방법원 성남지원 2016.09.08 2016고단1536
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. From March 1, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) driven by B rocketing and another car while under the influence of alcohol by 0.132% of the blood alcohol concentration at Sungnam-si, and proceeded along three-lanes from the direction of the gold slock distance to the white sleep distance from the edge of the gold slock.

At the time, the distance in the womb was night, and the vehicle was in the direction of the defendant's vehicle driving, and in such a case, there was a duty of care to safely operate the steering gear and the brakes by properly operating the steering gear and the steering system while living well in the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in performing duties without properly operating the steering gear and operating the steering gear, and received the back portion of the DNA car in front of the vehicle stop signal in front of the direction of the Defendant’s vehicle running. The Defendant received the front portion of the said rocketing car from the victim C(the age of 46) in front of the vehicle stop signal.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim, such as climatic salt, which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driven a B rocketing car under the influence of alcohol by 0.132% in a section of about 500 meters of alcohol content from the front of a mutually influence in the vicinity of 295 Sung-gu, Sung-nam-si, Sungnam-si, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report (1) (2);

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes to the damage diagnosis report;

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.

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