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(영문) 수원지방법원 여주지원 2016.08.30 2016고단691
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 a period of 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 (Bodily Injury resulting from dangerous driving) (the Defendant was a person engaged in driving a motor vehicle B i40 on April 21, 2016, and the Defendant was under the influence of alcohol leveling 0.163% from blood level around 23:50 on April 21, 2016, driving the roads front of the D cafeteria located in Ischeon-si C at a speed of about 70 km from the face of the Hocheon-si at the speed of two lanes, depending on the two lanes between the two lanes.

At the time, there is an intersection installed at night and a signal apparatus at the front, so there was a duty of care to prevent the accident by thoroughly operating the operation and steering gear to the person engaged in driving of the motor vehicle and thoroughly operating the operation and steering gear.

Nevertheless, the Defendant neglected this and neglected his duty and caused injury to the victim, such as light fM520 vehicle, which was driven by the victim E (55 years old) who was driving in the same lane, due to the negligence on duty, in a situation where normal driving is difficult due to the influence of alcohol. The Defendant received a part of the front part of the said i40 vehicle, which was driven by the victim E (55 years old) in the same lane, and caused the victim to suffer injury, such as light finite for about three weeks of medical treatment.

2. Violation of the Road Traffic Act (drinking) the Defendant driven B 140 vehicles under the influence of alcohol with approximately 3km from the road front of the nives of the nives of Leecheon-si, Leecheon-si to the road front of the D lives of the same city to the D lives of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A traffic accident report or an occurrence of a traffic accident;

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

1. A report on the detection of a primary driver;

1. On-site photographs;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and each of them shall be punished by imprisonment.

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