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(영문) 수원지방법원 안산지원 2016.07.21 2016고단1506
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. The Defendant is a person who is engaged in driving of C Poter cargo vehicles, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to risk).

On April 14, 2016, the Defendant, while under the influence of alcohol such as 0.156% alcohol concentration among blood transfusions, was under the influence of alcohol such as red and unstable drinking, driven the above cargo vehicle and driven the three-lane road in front of the luminous name IC near the luminous name in light of the luminous name, was under the influence of alcohol.

Since the place is where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents in advance by accurately operating the steering left and right of the driver of the vehicle and operating the steering system.

Nevertheless, the Defendant neglected this and went through a central line in a situation where it is difficult to drive normally due to influence of drinking, and caused the victim D(51) who driven in the front part of the Defendant’s cargo vehicle in front of the Defendant’s cargo vehicle to shock the left side of the E-Poter 2 driven by the victim F.F. (55 years old) who continued to drive in the two-lane 2 lane, shocked the front side of the right side of the G Pool drive by the victim F.F. (5 years old) who driven in the two-lane. Accordingly, the said Poter 2 trucked in front of the central line due to its shock, brought the victim H(43 years old) who driven in front of the Defendant’s passenger vehicle in front of the Defendant’s cargo vehicle in front of the latter part, and brought a final stop after sufficient side of the right side.

Ultimately, the Defendant, as seen above, driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of the climatic d, F, and H, each of which requires approximately two weeks medical treatment.

2. On April 14, 2016, the Defendant violated the Road Traffic Act (driving) and the Act on Guarantee of Compensation for Motor Vehicle Damages is a person who owns C Poter cargo vehicles, and the Defendant is a person who owns C Poter cargo in front of the luminous seat near the IC.

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