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(영문) 수원지방법원 성남지원 2013.11.07 2013고단2088

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

On July 27, 2013, at around 01:30, the Defendant, while under the influence of alcohol, was under the influence of alcohol, driven a C low-speed car with a view to having a normal driving difficult due to the influence of alcohol, and led to the following two-lanes of the fourth line road in front of the Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu., Sungnam-gu, and the fourth line of the fourth line of the road in front of the Sungnam-gu, Sungnam-gu, Sungnam-gu.

Since there is an intersection where signal apparatus has been installed at the front door, the defendant engaged in driving service had a duty of care to ensure that the driver is well aware of whether there are other vehicles standing for the signal atmosphere and safely drive the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol while driving at the front time, and did not find out the Eststyna taxi driven by the victim D (ma, 36 years old) who was parked in the front of the mast, and did not incur injury to the victim, such as Gyeongta taxi, which requires approximately two weeks of medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

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, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. It has four times the record of being sentenced to a fine due to the reason of sentencing under Article 62-2 of the Criminal Act.