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(영문) 수원지방법원 안산지원 2015.11.24 2015고단3053
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 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 (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B rocketing car.

On September 22, 2015, the Defendant driven the said car under the influence of alcohol of 0.115% with a blood alcohol concentration of 0.15% on September 11, 2015, and proceeded at a speed of about 40km per hour at a speed of about 40km from the pent-gu head of the D Hospital located in C at Estaling City, by driving the said car at a speed of 0.15%.

Since there was an intersection where signal lights are installed, there was a duty of care to confirm whether a person engaged in driving service has a vehicle traveling along the intersection and to drive safely according to the signals.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to change the signal to a vehicle stop signal, was driven by the Defendant’s failure to operate the brake system at the latest, to fit for a stop signal at the front side of the car of the Defendant at the end of the passenger car of the Defendant, and the back-hand part of the F Spart car driven by the victim E (the age of 44) who was stopped was driven by the Defendant.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from the Defendant’s injury of salt and tension in need of treatment for about two weeks.

2. The Defendant, at the time and place specified in Paragraph 1, driven the said rocketing car under the influence of alcohol by 0.115% of alcohol concentration in blood at a place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the circumstances of an employee;

1. A report on detection of a host driver;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. A medical certificate;

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

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury) and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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