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(영문) 수원지방법원 성남지원 2016.07.21 2016고단1354
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 March 29, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven B rocketing car with alcohol concentration of 0.238% during blood transfusion on March 29, 2016, and led the roads front of the D gas station located in Gwangju City in Gwangju-do, Gwangju-do, to the speed of 55 km per hour from the side of Gwangju-do, depending on the two-lanes of the three-lane road from Gwangju-do to the south.

At the time, there was a vehicle stopping prior to the same line of time, and thus, there was a duty of care to safely drive the vehicle in line of duty by reducing the speed and checking well the left and right of the front line.

Nevertheless, the Defendant, while under the influence of alcohol, was under the influence of driving by negligence, received the part of the back part of the Fone Star passenger car driven by the victim E (49 ) who was under the influence of driving, as the front part of the said rocketing car.

Ultimately, the Defendant suffered, by negligence in the course of business, the injury of climatic salt, etc., which requires approximately two weeks of medical treatment to E in a situation where normal driving is difficult due to influence of drinking, from the injury of the victim G (V, 52 years of age) who was on board the said Lone Star Co., Ltd., for about two weeks of medical treatment, and from the injury of the climatic salt, etc., which requires approximately two weeks of medical treatment to the victim H (54 years of age).

2. The Defendant violated the Road Traffic Act (drinking driving) at the time and time set forth in paragraph 1, the Defendant driven B rocketing car in the state of alcohol alcohol concentration of about 0.238% from the 3km section from the day front of the mutual influent restaurant in the city of Gwangju, Gyeonggi-do to the front road of the D oil station in the same city of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on a traffic accident, report on the occurrence of a traffic accident, each photograph, notification of the results of crackdown on drinking driving, a circumstantial report on the driver at home and a medical certificate;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Criminal facts;

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