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(영문) 수원지방법원 안양지원 2014.04.25 2014고단108

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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 December 22, 2013, at around 23:30, the Defendant driven B Poter cargo vehicles with a blood alcohol concentration of 0.251%, and led to the flow from the direction of the head of the Si/Gun to the direction of the head of the Si/Gun, depending on the two lanes, of the two lanes at the speed.

In such cases, a person engaged in driving service has a duty of care to check whether it is safe prior to the right-handing and to make a right-hand.

Nevertheless, the Defendant neglected to drive normally under the influence of alcohol as above and neglected to do so, and received the back part of the victim C's personal taxi driving that was located in the right-hand area due to the negligence of bypassing it as is, in front of the above vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by C on occurrence of a traffic accident;

1. Report on detection of, and report on the circumstances of, a host driver;

1. Application of medical certificates and related photographic Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Selection of each sentence of imprisonment with prison labor ( taken into account the fact that the blood alcohol concentration level is high);

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 on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant was subscribed to a comprehensive insurance and agreed with the victim, that there was no record of punishment for the same crime, and that he/she has lived faithfully

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;