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(영문) 수원지방법원 평택지원 2015.01.16 2014고단1725

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 a multilateral car.

On August 31, 2014, at around 07:20, the Defendant driven the said car with a blood alcohol concentration of 0.116%, and led to the driving of the said car to the direction of the “D” front of the “D” in Pyeongtaek-si C, while driving the said car.

In such cases, the driver has a duty of care to safely proceed so that the vehicle does not deviate from the vehicle and prevent the accident by properly operating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the injured party E (the aged 53) who was under a stop according to the stop signal from the above three-distance distance due to the negligence of getting out of the intersection by neglecting it as a matter of course. The Defendant received the front part of the driver's seat and the front part of the driver's seat of the passenger car of the Defendant.

Ultimately, as seen above, the Defendant suffered from occupational negligence injury to the victim E, the above victim F (53 years old), and G (55 years old), each of which requires approximately two-day medical treatment, such as catum salt, etc., and injury to the victim H (47 years old), who is the batch of the above batch, requiring approximately two-day medical treatment; and injury to the victim I (75 years old) who is the passenger of the above vehicle, for about four-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of each written diagnosis (F, G, I, and E) statute;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.