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(영문) 수원지방법원 2015.09.24 2015고단1208

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

1. Around 05:40 on January 10, 2015, the Defendant driven a Cunching vehicle at approximately 3 to 4 km away from the front of the Jinan-dong Enterprise Bank, prior to a sobrying so on, in the form of crying alcohol concentration of 0.198%, while under the influence of alcohol at a 0.198%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a Cunst

On January 10, 2015, the Defendant, as described in Paragraph 1, driven a rocketing car while under the influence of alcohol, and came to go straight from the Switzerland to the south of Haak, when it comes to a shooting distance in front of the corporate bank in the Burst-dong.

Since there is a place where the central separation cost is installed in the front bank, there was a duty of care for those engaged in driving service to live well the right and the right of the front line and to operate safely according to the vehicle line.

Nevertheless, the Defendant neglected to drive normally due to the influence of alcohol, and was negligent in passing through the intersection, and immediately after passing through the intersection, received the central separation zone as the front part of the rocketing car.

Ultimately, the Defendant inflicted an injury on the victim D(the age of 31) who was boarding a rocketing car due to the above occupational negligence, such as the pelle of the pelle that requires approximately six weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence concerning the crime;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending sentence].