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(영문) 창원지방법원 마산지원 2015.04.28 2015고단144

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

On June 27, 2011, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (Crimes around April 16, 201) in the Changwon District Court's Msan Branch (Crimes around April 16, 201) and a fine of KRW 5 million for the same crime (Crimes around December 3, 2013) in the same support on January 24, 2014, respectively, and is engaged in driving of C Poter freight vehicles.

On January 10, 2015, the Defendant, without a driver’s license, driven the said cargo vehicle under the influence of alcohol of 0.106% at a 0.15% alcohol level, and proceeded at the speed of about 51-60 kilometers a speed of about 51-60 kilometers a speed of the Si-speed line at the front of the Changwon-si, Changwon, as 3.15, Changwon-si, Masan, the Defendant: (a) driven the said cargo vehicle under the influence of alcohol of 0.10%; (b) was driven at the speed of about 51-60 kilometers a stop line at the front of the said cargo vehicle; (c) was driven by the victim D (55 years old)’s (50 years old) driving of the said passenger vehicle under the influence of alcohol due to the influence of alcohol; and (d) had the victim D(50 years old)’s (50 years old) driving of the said passenger vehicle under the suspension in front of that vehicle.

The Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and caused the injury of the victim D, such as brain, which requires medical treatment for about two weeks, and the injury of the victim F, such as salvin, salvin, tensions, and so on for two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. The actual condition of traffic accidents;

1. Report on detection of drinking drivers and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Each written diagnosis;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question, Article 148-2 (1) 1 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act (the point of sound driving) and Article 152 subparagraph 1 of the Road Traffic Act.