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(영문) 창원지방법원 2014.10.08 2014고단1801
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

The defendant is a person who is engaged in driving a K3 car.

On May 17, 2014, at around 00:18, the Defendant driven the above vehicle, while under the influence of alcohol concentration of 0.114% on the front of the third square of 3rd square that is located in the Yellow Sea-gu, Changwon-si, Changwon-si, and proceeded along the two-lanes from the south Heung apartment, along the direction of the public tunnel from the south Heung apartment.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive a person engaged in driving according to the signals by checking well the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant neglected the signal of the front side while disregarding and proceeding it on the road facing normal signal due to the negligence of disregarding and proceeding it. The front part of the motor vehicle driving by the victim C (A. 59 years old) is the front part of the motor vehicle driving by the Defendant, and the Frocco, where the motor vehicle driven by the Defendant due to the foregoing accident exceeds the center line and is driving by the victim E (A. 30 years old) beyond the opposite line, received the front part of the front part of the motor vehicle driving by the Defendant.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim E and the victim G (the victim 27 years old) who is the victim, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act No. 1-3, 5-7, and 9-14 to the evidence list submitted by the prosecutor

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

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

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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