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(영문) 수원지방법원 안양지원 2013.07.12 2013고단691
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 who is engaged in driving of CCopia sports vehicles.

On May 21, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 00:01, the blood alcohol concentration of 0.155%, and led the Defendant to turn to the left at the center from the right edge of the E Hospital New Parking Lot for the Mapopo City D.

At the time, there was a victim F (33 years of age) and G (35 years of age) coming on the right side of the front at the time, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to keep the front door and the left and left well, while not driving a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant neglected to drive normally due to such influence of alcohol and continued to proceed as they were, due to the negligence of the Defendant’s driving, and continued to receive the victims from the front part of the vehicle in front of the Defendant’s driving.

Ultimately, the Defendant, as seen above, suffered injury to the above F due to the negligence in the course of driving a motor vehicle in a situation where normal driving is difficult due to alcohol for about two weeks, such as cerebral typosis, etc., injury to the G, such as partial malphy, which requires approximately four weeks of medical treatment, and injury to the victim H(52 years of age) who is a parking personnel working at the above elementary school, for about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. The application of traffic accident reports, records of driving, diagnosis reports, and relevant Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime concerned and the choice of punishment for each specific crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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