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(영문) 창원지방법원 2013.09.27 2013고단1867

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

The defendant is a person who is engaged in driving a B AR car.

On June 11, 2013, at around 16:20, the Defendant driven the said car while under the influence of alcohol of 0.267% of alcohol content, and led to the front of the nests and ness that are located in the new west of the window of Changwon-si, to the front of the west Happing Station.

In the above place, a person engaged in driving service with the center line of yellow solid lines has a duty of care to see the steering room in a normal mental state without influence such as drinking, and to operate the steering gear and the steering gear.

Nevertheless, under the influence of alcohol, the Defendant got off the center line of the vehicle under the influence of alcohol due to the negligence of driving the vehicle under the influence of alcohol, and got off the victim C (the 49 years of age), the victim D (the 26 years of age), and the E-wing class driver’s seat of the vehicle under the influence of the vehicle under the influence of alcohol.

Ultimately, the Defendant suffered injury to the above victims by negligence in the course of performing their duties, such as acute fluoral salt, which requires two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the occurrence of a traffic accident, report on a traffic accident (1), and (2);

1. A written report on his/her driver;

1. On-site photographs of traffic accidents;

1. Application of each written diagnosis (C, D) statute;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime committed;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) against victims C with more criminal penalty;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;