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(영문) 창원지방법원 2014.06.17 2014고단667

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:30 on February 3, 2014, the Defendant, who is engaged in driving B car car, was driving the above vehicle on the first line road from the side of the Kimhae Police Station to Kimhae-si while driving the 4-lane road of Samsung Bio-distance, which is located in the vice-dong at Kimhae-si in Kimhae-si, with a blood alcohol concentration of 0.141% alcohol concentration.

Since there is a long distance intersection where signal lights are installed, there was a duty of care to safely drive the signal in accordance with the signals by checking well the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left according to normal signals due to negligence in the course of duty, in violation of the vehicle stop signal, received the front part of the DNA taxi driving by the victim C (50 years old) who is driving in accordance with the normal signal.

As a result, the Defendant was able to drive the said car in a state where normal driving is difficult due to the influence of drinking, and the Defendant suffered injury, such as cage cages, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

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

1. A written diagnosis and written estimate;

1. Application of statutes on site map and photographs;

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

1. Selection of 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., reflects the facts that the person is a university student, a previous conviction of the same kind of fine, and a previous conviction of a fine);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and order to attend lectures;