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(영문) 수원지방법원 평택지원 2019.06.28 2019고단206

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

The Defendant is a person engaged in the operation of QM3 automobiles.

On January 15, 2019, at around 22:10, the Defendant driven the above vehicle while under the influence of alcohol of 0.128% of alcohol concentration, and led D, a corporation in Ansan City C, the front of which is located in Ansan City C, to proceed from the sacrick distance towards the dead acid.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to ensure that drivers are engaged in driving service thoroughly and safely operate the car line.

The Defendant got out of the front part of the victim E (the 23-year-old driver’s license), which was driven by the driver’s negligence of driving a central line while normal driving is difficult due to influence of drinking, the front part of the victim E (the 23-year-old driver’s license) driving, was driven by the front part of the said QM3 car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as climatic salt in need of approximately two weeks of medical treatment, and the injury to the victim G (27 years of age) who was on board the said high-est car at approximately six weeks of medical treatment, such as the removal of the left-hand foundation abandonment requiring approximately six weeks of medical treatment, and the victim H (V, 47 years of age) at approximately two weeks of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Notification of the results of the drinking driving control and a report on actual condition survey;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the pertinent criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act [the punishment shall be imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment;