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(영문) 수원지방법원 안산지원 2016.03.03 2015고단3185
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

On September 10, 2015, the Defendant was parked there in a street parking zone at the front of D in the Gyeonggi City on September 23:25, 2015, where the Defendant was under the influence of alcohol concentration of 0.249% in blood, in an inaccurate, unbrepted, and gypted so that it is difficult to drive in a normal manner due to his/her he/she was under the influence of alcohol concentration.

E The driving of the Kusa car was moving to the Si-dong in order to leave the Kus car.

At night and at the time, the Defendant was moving along the direction of the road along which vehicles parked, and thus, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes while living well.

Nevertheless, the Defendant neglected to do so and did not check the rear side by negligence and did not check the rear side, and the part on the left side of the Victim F (58 Doe) G G Twork XG car, which was the rear side of the victim F (58 Doe) driving, was shocked by the lower part of the Cub car.

As a result, the Defendant, while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of drinking, suffered from the injury of the victim F and the victim H (the age of 50) who was on board the victim F and the damaged motor vehicle for about two weeks, such as base salt, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. Application of each statute to the items in the actual condition survey report, traffic accident occurrence report, report on the detection of the primary driver, report on the situation of the primary driver, and each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Punishment, etc. of Specific Crimes (only between the crimes of violation of the Act on the Punishment, etc. of Specific Crimes and the death or injury caused by transfer);

1. Selection of penalty:

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