beta
(영문) 광주지방법원 장흥지원 2015.01.29 2014고단206

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 Cone Star A.S. car.

On October 15, 2014, at around 21:05, the Defendant driven the said Lone Star, while under the influence of alcohol content 0.171%, and proceeded to the emergency room on the side of the Gangwon Medical Center, which is located in the Gangnam-gun, Gangwon Medical Center.

A driver of a motor vehicle has a duty of care to prevent accidents, such as taking the front side and left side well, accurately manipulating the steering and brakes, and to prevent accidents.

Nevertheless, the Defendant neglected to drive normally due to the influence of drinking, while driving in the opposite lane, and drinking in the opposite lane. The Defendant’s back portion of the EtXG passenger cars driven by the victim D(the age of 32) who was at the time of stopping, due to the Defendant’s failure to drive normally due to the influence of drinking, was shocked by the Defendant’s above parts of the EtXG passenger cars.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report (1) (1)

1. Report on the circumstantial statements of a drinking driver, circumstantial report, and inquiry into the results of crackdown on drinking;

1. Medical certificates and medical records;

1. Application of Acts and subordinate statutes concerning evidence and photographs of strong medical malpractice accidents;

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

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 recommendations] general traffic accidents, Type 1 (Bodily Injury resulting from traffic accidents), mitigation area (one to June).