beta
(영문) 수원지방법원 안산지원 2013.09.27 2013고단1937

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

except that 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 engaging in driving a car B.

On May 10, 2013, at around 3:20 on May 10, 2013, the Defendant driven the said L-related Vehicle with a 0.105% alcohol concentration, and made it left left from the high-speed elementary school on the high-speed side of the members of Ansan-si.

Since the location is where a signal, etc. is installed, a person engaged in driving service shall be prohibited from driving a motor vehicle under the influence of alcohol with the duty of care to safely drive the motor vehicle in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the DST5 car driven by the victim C(the age of 27) from the center to the right side of the said LM5 car, which was driven by the victim C(the age of 27) who was under the right side of the said LM5 car, due to the negligence of left-hand turn to the right-hand turn-hand signal while it is difficult for the Defendant to drive in a normal way, and suffered from the victim E(the age of 28) who was on board the said LM, with approximately 10 weeks of the right-hand ekne-slele-sle-sleak, which requires a medical treatment for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Report on the circumstantial statements of a drinking driver, report on detection of a drinking driver, and record of a drinking measuring instrument;

1. Application of statutes to copies of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the primary criminal defendant, the depth of the crime of this case is divided, and the victims have agreed to do so.