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(영문) 수원지방법원 2016.10.28 2016고단4847
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in operating freight cars;

On July 29, 2016, at around 19:10, the Defendant was going to proceed directly from the direction of south through the intersection in front of the police box of 770-4 Mado fire fighting at the direction of mountain.

Since the location is an intersection where signal lights are installed, the defendant engaged in driving motor vehicles had a duty of care to safely proceed with the intersection according to the direction of signal lights.

Nevertheless, the Defendant neglected this and caused the injury to the victim E, who is the passenger of the above-mentioned vehicle, due to the negligence in the course of driving in violation of the signal while making it impossible to operate the vehicle normally under the influence of 0.117%, and caused the injury to the victim, such as the light spawn which requires approximately two weeks of treatment, by shocking the right side part of the D Spawn vehicle volume of the victim's D Spawn vehicle, which is left left at the opposite part of the defendant's vehicle, and suffered the injury, such as light spawn, which requires approximately two weeks of treatment.

2. Violation of the Road Traffic Act (driving) the Defendant driven B Libered B while under the influence of alcohol with a blood alcohol concentration of 0.117% from the front of the gralty groid to the road before the gralty fralty fralty fralty, a gralty fralty fralchisium, in the case of a temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A report on the state of drinking drivers, a report on the state of drinking drivers, and the results of pulmonary measurement;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty:

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