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(영문) 수원지방법원 안양지원 2018.11.27 2018고단1578

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2018, the Defendant driven a BV car with alcohol content of 0.178% in a state where normal driving is difficult due to the influence of alcohol during the blood transfusion around 01:20 on August 29, 2018, and transferred the distance in front of the South Korean church, which is 65 in the circulation of descendants within the city of king, to the boundary of the remaining church of the date at the entrance of the water purification place of the day.

At the time, there are nights and vehicles driving at a place, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and got the back part of the victim C(64) driving while stopping to get passengers on the front side by negligence, and received the front part of the said car.

Defendant 1 suffered, by such occupational negligence, approximately 2 weeks of the need to treat the victim C with approximately 2 weeks of disease, tensions, tensions, and other fields of sacrifies and tensions, etc., and the victim E (V, 50 years of age) who was accompanied by the said taxi with approximately 2 weeks of disease, sacrifies, and tensions and tensions.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. Reports (1), (2) on traffic accidents;

1. The circumstantial statement report of the driver at the main place, the report on the detection of the driver at the main place, the response to requests for appraisal, and investigation report (the application of the aforementioned drone formula);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between crimes violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury or Injury resulting from Dangerous Driving));

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures under the Criminal Act;