beta
(영문) 수원지방법원 성남지원 2015.06.11 2015고단584

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 27, 2015, at around 22:35, the Defendant was driving a B Radon car with approximately 4km in the section of about 0.140% of blood alcohol concentration from the street on the street in front of an ambassador cafeteria in the early movement of the Hanam-si to the yellow sand distance in the Hanam-si, Hannam-si, from around 22:45 on the same day.

2. On March 27, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a car with blood alcohol concentration of 0.140% 0.140% by driving a Baratoto and driving a yellow dust distance in the Yannam City Pungnam City in the Yannam-si in Seoul, Gangdong-gu, Seoul.

At the time, since the defendant tried to change the vehicle line from the two lanes to the one lane, a person engaged in driving of a motor vehicle has a duty of care to change the vehicle line by operating a direction direction, etc. when changing the vehicle line, giving prior notice of change of course, and taking into account the traffic situation of the front and rear left, while changing the vehicle line.

Nevertheless, the Defendant neglected to do so and thereby changed the vehicle line to the left-hand side by the negligence, and received the part on the left-hand side of the car driving by the Defendant, which was driven by the victim C, which was driven by the victim C.

As a result, the Defendant suffered injury to the victim, such as pleatal salt, tension, etc. in need of approximately two weeks of medical treatment due to the above occupational negligence in a state where normal driving is difficult due to influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

2. C’s statement;

3. Statement on the actual condition of traffic accidents, report on the actions taken against the driver, and report on the actual status of the driver;

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

1. Selection of imprisonment with prison labor under 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 and Article 44

2. The Criminal Act among concurrent crimes;