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(영문) 수원지방법원 2015.10.14 2015고단3827
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. Around 07:45 on July 22, 2015, the Defendant violated the Road Traffic Act (driving a sound driving) driven a vehicle with a blood alcohol content of 0.182% under the influence of alcohol at a section of about 1km from the front of a restaurant where it is impossible to know the trade name in the substitute of Osan-si to the southwest-do, Osan-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle with the aforementioned A

The Defendant, while under the influence of alcohol at the above temporary border, driven the said car, and proceeded ahead of the south-distance road from the side of the substitute to the parallel of way.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering wheel and brakes to those engaged in driving business.

Nevertheless, the Defendant, while under the influence of alcohol, received the back portion of the right side of the D Bus driven by the victim C (year 51) who was parked in order to let the customer get on and off by negligence while neglecting it.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as the climatic and the climatic dump for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site and accident vehicle photographs;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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