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(영문) 창원지방법원 2016.08.26 2016고단1465

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of 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 the B-learning passenger car.

On April 20, 2016, the Defendant, while under the influence of alcohol at around 00:14, 0.109% of alcohol content, 0.10% of the blood, she was able to drive normally, such as fluoring snow and galinging on the string and face, with a view to making it difficult for the Defendant to drive normally.

Since there is a place where traffic control is performed by signal, etc., in such a case, the defendant neglected his duty of care to drive a motor vehicle in accordance with the signals, and even if there is a duty of care to drive the motor vehicle to a person engaged in driving, the defendant received the front part of the Drocketing cab in front of the motor vehicle operated by the victim C (Systststa 49 years old) who is directly engaged in the operation of the Jinna from the Han River on the right side of the motor vehicle operated by the defendant in accordance with the normal signals.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the above victim C, such as brain-dead sugars, which had no wound in the open two weeks of medical treatment, and suffered injury to the victim E (37 tax) who is the passenger of the above taxi for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report, black stuff images, accident scene, and vehicle photograph;

1. A medical certificate (C, E);

1. Application of Acts and subordinate statutes to the report on detection of drivers at home, the report on the circumstances of drivers at home, and the notification of completion of correction;

1. The point of causing bodily injury to the driving of risks under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (only between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the death or injury before

1. Imprisonment with prison labor for each choice of punishment;