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(영문) 수원지방법원 평택지원 2015.01.30 2014고단1788

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for six 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 November 21, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.) in the Incheon District Court's Branch Branch on November 21, 201, and two years of suspension of execution was sentenced to suspension of execution on November 29, 2014.

The defendant is a person engaged in driving a B gallon 2 car.

On September 19, 2014, the Defendant driven the said car with a blood alcohol level of 0.188% at around 19:00, and parked it after driving it at the Jinjin Elementary School parking lot located in the Jinsung-gu Seoul Special Metropolitan City of Ansan-si.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents and safely drive the motor vehicle by checking the front and rear left well.

Nevertheless, under the influence of alcohol, the Defendant’s negligence, while neglecting this, led to the following gallon car owned by Defendant C(48 years old) to the following gallon car owned by Defendant C(48 years old). The victim’s loss, which was galloning the above gallon, had been falloned between Defendant’s driver’s aftermath of the above gallon and the victim’s above gallon-owned car.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury, such as cutting off part of the right-hand 4 resin (alley and damage to blood transfusion) for about five weeks to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. A medical certificate;

1. On-site photographs;

1. Previous records: Application of the statutes governing a copy of the judgment and a certified fixed date output;

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

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.