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(영문) 수원지방법원 안산지원 2015.11.19 2015고단2767
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

The defendant is a person who is engaged in driving a CNS car.

At around 04:50 on August 27, 2015, the Defendant driven the said car in a state where it is difficult to drive the car normally while under the influence of alcohol, such as drinking, fluoring, stringing, cutting off, and cutting off at a 0.123% alcohol concentration at the blood alcohol level, and led the water sloping road located in the water king-dong at the time of the Gyeonggi Culture and Development at the time of the Gyeonggi City, by driving the said car at a speed of about 30-40 km per hour, depending on one-lane of the two-lanes of alcohol level from the grads of the Jeju Jeju Island.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and brakes well, and by accurately manipulating the steering and brakes.

Nevertheless, the Defendant was under the same direction due to negligence while driving on the roadside while neglecting such duty of care, and was driven by the victim D (year 52) who was under the traffic signal atmosphere, and was driven by the victim D (year 52). The latter part of the E- which was driven by the Defendant was under the front part of the Nos. 443.

Therefore, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the victim's injury, such as light dump, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. Place where the drinking driving is measured and output;

1. A report on the state of the operation of a motor vehicle;

1. 112 reported details;

1. Investigation reports (demark);

1. Application of Acts and subordinate statutes governing the site and vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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