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(영문) 수원지방법원 평택지원 2015.08.20 2015고단832

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 April 19, 2015, the Defendant driven a B K7 car with a blood alcohol concentration of 0.150% at around 21:14, while under the influence of alcohol, and proceeded to the intersection of the ambscopian distance at the front line of Pyeongtaek-si at the front line of Pyeongtaek-si.

At the time, there is an intersection where a signal is installed at night and there is an intersection, so the driver engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle, such as reducing speed in advance in preparation for stop signal.

Nevertheless, the Defendant neglected this and led to the negligence of driving the vehicle in front of the above K7 vehicle in front of the passenger vehicle in front of the passenger vehicle in front of the passenger vehicle in front of the passenger vehicle in front of the 2-lane in front of the passenger vehicle in front of the passenger vehicle in front of the passenger vehicle in front of the passenger vehicle in front of the 34-year-old passenger vehicle in front of the 27-year-old passenger vehicle in front of the victim E(the 27-year-old passenger vehicle).

Ultimately, the Defendant driven the above K7 car in a state where normal driving is difficult due to influence of drinking, and suffered from the erode base in need of a two-day medical treatment to the victim C, the above erode base in need of a two-day medical treatment to G (V), a passenger of the above erode car, and the erode base in need of a two-day medical treatment to H (V) who is a passenger of the same car, and the victim E and the above e who is a passenger of the same car, suffered from the erode base in need of a two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and C;

1. The circumstantial statement of the employee;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;