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(영문) 수원지방법원 평택지원 2015.07.01 2015고단711

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

The Defendant is a person who is engaged in driving of Poter Cargo Vehicles B.

On May 19, 2015, at around 17:05, the Defendant driven the above vehicle while under the influence of alcohol 0.142% of blood alcohol level, and proceeded along the two-lane domestic intersections in the safe-si household in the safe-si household, along the two-lanes in the direction of the safe-protected direction from the open side, and made the left-hand turn.

Since there are many vehicles are the intersection where, in such a case, there was a duty of care to prevent accidents in advance by making a person engaged in driving of a motor vehicle live well on the front side and the right and the right, and safely turn to the left.

Nevertheless, the Defendant neglected this and neglected to keep the front door while under the influence of alcohol and neglected to turn to the left the right, and received the front part of the victim C(53 years old) driving, which was straight from the opposite direction, as the front part of the vehicle on the right side of the Defendant’s vehicle.

Ultimately, the Defendant driving the said vehicle, thereby incurring injury to the said victim, such as salt, tension, etc. in need of treatment for about three weeks, and driving approximately four km of the said vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The actual condition survey report;

1. Medical certificate, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, which applies to Acts and subordinate statutes governing vehicles involved in accidents;

1. Imprisonment with prison labor for a crime of violating the Road Traffic Act in the choice of punishment, and a sentence of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents;

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

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

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act are considerable enough.