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(영문) 수원지방법원 평택지원 2016.06.16 2016고단368

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment 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 a motor vehicle B.

On December 17, 2015, the Defendant driven the said car under the influence of alcohol content of 0.129% among blood transfusions on 01:50 on December 17, 2015, and led the Defendant to drive the said car under the influence of alcohol content of 0.129% in the Gyeonggi-si, the Defendant was straighted along three-lanes from the JC room of Hasan to the IC room.

At the time, it is night and the above place is an expressway, so in this case, there was a duty of care to prevent accidents in advance by accurately operating the steering right and the steering gear and accurately.

Nevertheless, the Defendant neglected this and received the back portion of the D Cargo Driving C(44) from the victim C(44) who was under the influence of driving on the front bank due to negligence while driving on the roadside.

Ultimately, the Defendant suffered from the injury of light salt, etc. in need of approximately two weeks’ medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. C’s statement;

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 Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (selected of imprisonment with prison labor) of the relevant Act;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the protection and observation and application of sentencing guidelines under Article 62-2 of the Criminal Act of the community service order: The scope of recommendations for sentencing guidelines for the reasons of sentencing under Article 62-2 of the same Act: The consideration of all circumstances, such as the fact that no record of crime exists in the basic area (from April to October) of the type of general traffic accident (the injury caused by traffic accidents) and the fact that a motor vehicle comprehensive insurance is subscribed to;