beta
(영문) 창원지방법원 통영지원 2016.08.11 2016고단765

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaged in driving a motor vehicle B with the highest other car.

On April 20, 2016, the Defendant driven the said car with alcohol content of 0.150% while under the influence of alcohol during blood around 21:45 on April 20, 2016, and continued to proceed from the climatic grady plane to the climatic gypology in the clithic grady.

At the time of night, in such a case, a person engaged in driving business has a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and duty of care to accurately operate the steering gear

Nevertheless, the Defendant neglected to drive a car in a state where normal driving is difficult due to influence of drinking and neglected to do so, and caused the car driven by the Defendant to fall down on the road below about five meters.

Defendant 1 suffered injury, such as a cage cage cage cage at approximately four weeks on each side of the victim C (57 tax) who was on the same vehicle due to such occupational negligence.

2. On April 20, 2016, the Defendant violated the Road Traffic Act (drinking) operated a B-hand car with approximately 300 meters alcohol content 0.150% in blood while under the influence of alcohol at around 21:45 on the same day from a large-scale school at the same time to the large-scale school at around 21:45 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Photographs related to accidents;

1. A report on the detection of the driver at home and a written appraisal of alcohol during blood;

1. Investigation reports and investigation reports on the measurement of drinking alcohol by a party to a traffic accident (Attachment to black images);

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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. The Criminal Act, the suspension of execution;