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(영문) 수원지방법원 성남지원 2016.04.21 2015고단3111
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant driven a B-Ppon car.

On November 06, 2015, the Defendant driven the said car under the influence of alcohol concentration of 0.155% in blood, and proceeded from the central market room to the view of the Gu on the ground of the modification of the Sinnam-si, Seongbuk-do, Sungnam-do.

At the time, the level of rained surface was milched at night, and in such cases, a person engaged in driving a motor vehicle shall not drive the motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of drinking, etc., in an area where the market is densely concentrated.

Nevertheless, the defendant C was driven by the victim C, who, under the influence of alcohol, was in a difficult condition to drive normally due to the influence of alcohol, was stopped on the road in which the driver was on board and let the passenger board.

D Haststna Ban left-hand part of the said car with the upper part of the upper part of the said car, thereby causing injury to the said C, such as brain salvina, which requires approximately two weeks of treatment, and injury to the victim E who was suffering from the said taxi due to climatic galosis, which requires approximately two weeks of treatment. At the same time, the said taxi owned by the said taxi was damaged to cover KRW 2,352,278 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, notification of the results of regulating drinking driving, the circumstantial report on the driver of the main driving, photographs, traffic accident occurrence reports, each medical certificate, and estimates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 151 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the measures that were not taken after the destruction.

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