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(영문) 수원지방법원 평택지원 2015.06.04 2015고단468

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

On February 27, 2015, at around 07:20, the Defendant, while under the influence of alcohol by 0.190% in the roads adjacent to the Pyeongtaek-si Pung-dong in Gyeonggi-do, he was driving a B low-speed car while driving the B high-speed car in the direction of gresponding Eup, and driving a two lane in the direction of gresponding Eup in the direction of gresponding 30km in the direction of gresponding Eup.

In this case, the driver of a motor vehicle has a duty of care to operate direction direction, etc. to give prior notice of change of course, and to change the lane in the future and the future.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the part on the left side of the passenger vehicle driving by the victim C(39 years old) who was driving a three-lane in the same direction as it is, due to the negligence of changing the lane into the right side of the vehicle.

As a result, the Defendant driven the said low-speed car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as soft, bones salt, etc. which requires a two-day medical treatment, and suffered injury to the victim D (the age of 25) who was accompanied by the Defendant’s vehicle operation chief for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement to C by the police;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Determination of the application of sentencing guidelines for sentencing under Article 62-2 of the Criminal Act: The scope of recommending sentencing guidelines for applicable O traffic accidents: general traffic accidents.