(영문) 수원지방법원 안산지원 2016.03.23 2016고단168

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(영문) 수원지방법원 안산지원 2016.03.23 2016고단168

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten 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. On November 18, 2015, the Defendant violated the Road Traffic Act (drinking) driving a B car under the influence of alcohol with approximately 0.297% alcohol concentration at the 1km section from the front road of the citizen market located in the 604-4 Dong-dong 604-4, a member of the city city in Ansan-si, Gyeonggi-do to the front road of the death distance of an ancient hospital located in about 516 in the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a B car, and the Defendant driven the said car at around 23:20 on November 18, 2015 and under the influence of alcohol, while driving the car at around 23:20 on November 18, 2015, and driving the car at around 4-lanes in front of the death distance of an ancient hospital located in 516, Gosan-dong, Seoul, a member of the Gyeonggi-si, along the central roadway.

At the time, the signal at night is installed, and in such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by driving the vehicle safely by taking into account the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and received the back part of the victim C's rocketing car, which was proceeding in the same direction as the front part of the said car, due to the negligence of operation under the influence of alcohol as above.

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 injury to the said victim and the victim E, who was on board the damaged motor vehicle, including approximately two weeks of chills and tensions in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with C (simplified traffic);

1. The actual investigation report on traffic accidents;

1. On-site photographs of traffic accidents, and photographs of black scams;

1. Statement of the circumstances of the driver at the main place of business (A or suspect);

1. A response to a request for appraisal, and a blood alcohol appraisal report (0.0.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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