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(영문) 수원지방법원 안산지원 2015.12.29 2015고단3648
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

Criminal facts

1. Around September 9, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a B-beon truck with a blood alcohol concentration of 0.182%, while under the influence of alcohol around 22:45, the Defendant proceeded at a speed of about 20 km from the wind apartment to the wind 4-line apartment at the speed of about 20 km, depending on three lanes from the wind 2nd apartment.

At the same time, there was an intersection where signal lights are installed, so in such a case, the driver had a duty of care to reduce the speed to the driver and to safely drive the signal in accordance with the signals and prevent the accident by driving the driver safely.

Nevertheless, the Defendant neglected this and continued to operate the brake system at the latest after the stop signal.

In line with the stop signal, the victim C, who stopped in front of the intersection, was driven by the victim C, and the part of the driver was driven by the Defendant.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, thereby causing the victim to suffer the injury of the salted base in need of a two-day medical treatment, and the victim E, who is the passenger of the said spath-land, suffered the injury of the spath-in base in need of a two-day medical treatment, and the Defendant suffered the injury of the spath-in base in need of a two-day medical treatment for the said spath-in base.

2. The Defendant violated the Road Traffic Act (driving) driving the B Poter truck under the influence of alcohol with a blood alcohol concentration of 0.182% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident site photograph;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the facts constituting the crime;

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