beta
(영문) 수원지방법원 성남지원 2014.05.15 2014고단498

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.However, the execution of the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 7, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was negligent in failing to properly perform his/her duty of charging off and sending off alcohol on the right side because he/she was unable to drive normally due to the influence of alcohol concentration of 0.130% on the blood alcohol level, and was driving the New Gapet car for his/her work, which is difficult to drive normally, and while driving the road B in the direction of Sinpo-si in the direction of Sinpo-si in the direction of Sinpo-si 201, he/she was driving in the direction of Sinpo-si in the direction of Sinpo-si in the direction of Sinpo-si. On the other hand, the Defendant did not discover the victim C who was abolished on the right side of the said vehicle and suffered injury, such as leaving the victim a part before the right side of the said vehicle, which requires approximately 12 weeks treatment.

2. On December 17, 2009, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,500,000 for a violation of the Road Traffic Act (driving) at the Incheon District Court, and a fine of KRW 2,50,000 for the same crime at the Incheon District Court on February 12, 2010, respectively.

At the time set forth in the preceding paragraph, the Defendant driven B New Franch car with the blood alcohol concentration of about 0.130% under the influence of alcohol level from approximately 25 km to the 201 Sinpo-Gu Mapo-Eup Mapo-si Mapo-si Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

2. The actual survey report on traffic accidents;

3. A written report from an employer;

4. A medical certificate;

5. Previous records of judgment: The application of criminal records, repeated statements and Acts and subordinate statutes; and

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

2. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment shall be aggravated within the scope of adding up the long-term punishment of two crimes prescribed for the crime resulting in death or injury caused by