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(영문) 수원지방법원 안산지원 2016.02.03 2015고단3860
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. On November 28, 2015, the Defendant: (a) driven CSP car under the influence of alcohol content of at least 0.104% from the 500-meter section from the NAF’s front side of the CF to the front side of the CY at the Silung-si, Silung-si, in around 02:38, 2015.

2. The Defendant is a person who is engaged in driving a ice car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On November 28, 2015, the Defendant, while under the influence of alcohol at around 02:38, the Defendant driven the said car with a large amount of drinking alcohol 0.104% and face with red, making it difficult for the Defendant to drive the car normally, thereby driving the two-lanes in front B at a time of vision from the bank shooting distance to the new 30-40km, depending on two-lanes.

A driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering wheel and steering the steering wheel and brake system.

Nevertheless, the Defendant neglected this and caused the damage to the victim D, who was under the influence of alcohol due to the negligence of driving at the front of the traffic signal atmosphere, to be driven by the victim D, who was under the influence of traffic at the front of the traffic signal.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt pans, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A report on the actual condition of traffic;

1. On-site photographs;

1. A place where drinking is output;

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

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

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (driving of alcohol)

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