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(영문) 창원지방법원 2014.12.19 2014고단2695

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

1. Around 12:20 on July 29, 2014, the Defendant driven a motor vehicle with the e-sent alcohol concentration of about 5km from the road in front of the Masan Hot Spring located in the New Village of Changwon-si, to the road located in the window C of Changwon-si, Changwon-si, while under the influence of alcohol concentration of 0.191%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving motor vehicles in E

On July 29, 2014, at around 12:20, the Defendant driven the said car while under the influence of alcohol of 0.191% of blood alcohol concentration, and led to a road of one-lane in front of Drick Cons in C at the window of Changwon-si in Changwon-si, a road of one-lane in front of Drick-do in the window of Changwon-si.

At this point, the central line is a erotype road where the center line is installed, and since the passenger car of the victim F (41 years of age) was in progress in the direction of the defendant's proceeding, there was a duty of care to reduce speed and to operate the steering gear properly.

Nevertheless, the Defendant caused injury to the victim, such as open pulverization and pulverization of the right strings that need to be treated for about 8 weeks, by neglecting the victim's vehicle in a state where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act No. 1-11, 13, 14, and 17 to the evidence list submitted by the prosecutor

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

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. The suspended execution pursuant to Article 62(1) of the Criminal Act, which led to the confession and reflection of the law, and the comprehensive automobile insurance.