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(영문) 창원지방법원 마산지원 2013.09.17 2013고단361

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 or Injury caused by Dangerous Driving) is a person engaged in driving a BAWD car;

피고인은 2013. 4. 20. 12:55경 혈중알콜농도 0.237%의 술에 취한 상태에서 위 승용차를 운전하여 창원시 마산합포구 월영동에 있는 명사아트빌 앞 편도 2차로 중 1차로를 밤밭사거리 방면에서 월영교차로 방면으로 시속 50km로 진행하게 되었다.

At that time, the Defendant had a duty of care to prevent accidents in advance, such as: (a) the victim C (the 30-year-old) driven by the victim C (the 30-year-old-old-old-car); (b) the person engaged in driving a motor vehicle was well aware of the situation; and (c) securing and driving a safe distance to avoid the accident when the said motor vehicle reduces the speed.

Nevertheless, the Defendant found that the said car was at a late to reduce the speed due to negligence in which it was difficult to drive the car at a normal time due to the influence of alcohol such as above, and took a sudden action, but the Defendant did not stop the vehicle but was able to receive the part behind the damaged vehicle due to the front part of the vehicle operated by the Defendant.

As a result, the Defendant suffered salt, tensions, etc. from the Defendant’s occupational negligence, which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the said vehicle under the influence of alcohol by 0.237% of alcohol concentration from the 10km section of approximately 10km from the mnive frequency of the mutual infest Mag-si, Changwon-si, Changwon-si, Magwon-si, to the above Magwon-do road.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Reporting on the occurrence of a traffic accident, reporting on the occurrence of a traffic accident, and reporting on a traffic accident;

1. A report on detection of a host driver;