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(영문) 수원지방법원 2015.10.29 2015고단3521
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 or other car;

At around 17:30 on May 17, 2015, the Defendant driven the said rocketing car, and proceeded to the original flick side of the city of Ansan-si, depending on the front road in Pyeongtaek-si C.

At the time, Ei30 cars are in progress in front of the other car, so there was a duty of care to prevent accidents by accurately manipulating the operation of 130 cars in front of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the front part of the 130 car stopped at the time, and was under the front part of the rocketing passenger car.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, was inflicted on the Victim F, who is a driver of the i30 vehicle, a driver of the i.e., a driver of the 130 vehicle, by causing about two weeks of light salt, etc.

2. The Defendant was under the influence of alcohol 0.241% at the time and time set forth in paragraph (1) of the Road Traffic Act, driving the said rocketing car at the front of the court located in Pyeongtaek-si East-dong with Pyeongtaek-si at approximately 1km from the front of the road located in Pyeongtaek-si C to the front of the road.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. On-site photographs;

1. Report on circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Article 53 of the Criminal Act for discretionary mitigation.

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