beta
(영문) 수원지방법원 2013.10.17 2013고단2688

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving B K5 cars;

On May 21, 2013, the Defendant driven the said car while under the influence of alcohol of 0.137% of blood alcohol concentration on 01:55, and led to the driving of the said car at the speed of 40km per hour at the speed of 40km between the five-lanes in the eth of the World Cup stadium and the road adjacent to the intersection of the Dongwon-gu Seoul Metropolitan City, Suwon-si, Suwon-si, Gyeonggi-do.

At this point, there was an intersection where signal apparatus was installed, so the driver had a duty of care to see the front door well and to operate the steering system accurately and safely.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not operating the brakes properly, and was driven by the victim C(the age of 48) who was in the atmosphere of the traffic signal due to the negligence of not operating the brakes, and was driven by the victim C(the age of 48).

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim C, such as salt, tension, etc. in need of treatment for about two weeks.

2. Around 01:55 on May 21, 2013, the Defendant: (a) driven a B K5 vehicle under the influence of alcohol with a blood alcohol content of 0.137% from a section of approximately 500 meters from the roads in front of the Dongwon-gu, Suwon-si, Suwon-si, Gyeonggi-do, to the roads near the Dongwon-si IgIC street.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Suspension of execution;