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(영문) 수원지방법원 평택지원 2016.01.29 2015고단1888
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is engaged in driving a cruise car.

On December 6, 2015, the Defendant driven the said car under the influence of alcohol level of 0.153% from blood alcohol level around 00:50 on December 6, 2015, and led the Defendant to drive the said car in the direction of training the roads in front of the D cafeteria located in Ansan City C in the direction of training the road in front of the D cafeteria in the direction of public road.

At all times, it is one-way road and at night, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to keep the one-way road from running along the due direction, and to prevent the accident between the motor vehicle and the parked vehicle and the parked vehicle by accurately operating the dynamic and steering gear with the view of the front-way and the right and the right and the right and the right and the right.

However, the Defendant was negligent in not operating the brakes properly under the influence of alcohol and received the front portion of the Defendant’s car’s car in front of the right side of the victim E(30 years) where the Defendant was parked in the front side of the road driving in the direction of the vehicle driving by the Defendant.

Ultimately, the Defendant, as seen above, suffered injury to the victim E by negligence who driven the said vehicle while under the influence of normal driving due to the influence of alcohol, such as a trend of light, fluoral base, salt, and straw, etc. requiring a day medical treatment, and the victim G (the 24 years old), who is the passenger of the damaged vehicle, for about a week medical treatment, including light and fluoral base, fluoral base, and fluoral base.

2. On December 6, 2015, the Defendant violated the Road Traffic Act (drinking) driving a B-cracking car at a approximately 50m section from an I restaurant to a CD restaurant in a state of 0.153% alcohol concentration among blood transfusion around 00:50 on December 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and G;

1. A traffic accident report;

1. Driving;

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