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(영문) 수원지방법원 2016.12.08 2016고단5327
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who drives a knife knife in violation of the Cknife driving rate in the Aggravated Punishment, etc. of Specific Crimes;

On July 13, 2016, at around 23:45, the Defendant, while under the influence of alcohol without blood alcohol concentration, was driving ahead of the 316 Gam apartment road in the water source of Suwon-si, Suwon-si, in accordance with two-lanes from the direction of the pawned Seoul Culture to the direction of the ero special distance.

In such cases, the driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents by safely driving the motor vehicle, such as making a good report on the traffic situation prior to the driving, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant was under the influence of alcohol, and the Defendant was driven by the victim C(the age of 46) who is under the suspension according to the stop signal at the front of the train due to the negligence of neglecting the body in a state where the Defendant was under the influence of alcohol, and due to the negligence of neglecting the body properly.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C and the victim E (the age of 47) who is the same passenger, such as the base for treatment for about two weeks.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to a drinking test by inserting a drinking measuring instrument over about 40 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol, while driving a B car with alcohol in a drunken state at the time and place specified in paragraph (1).

Nevertheless, the Defendant.

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