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(영문) 수원지방법원 2015.07.16 2013고합40
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On August 26, 2012, around 21:00, the Defendant driven a three-lane road adjacent to the Mapo-dong community service center located in the Sejong-si, Busan Metropolitan City, with a blood alcohol concentration of 0.118%, while under the influence of alcohol, and proceeded at a speed of about 30 kilometers per hour in the direction of the stegro in the direction of the stegncy, depending on one lane in the direction of the stegro.

In this case, there was a duty of care to operate a person engaged in driving of a motor vehicle by properly manipulating the brake system with a thorough care.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (hereinafter referred to as 42 years old) who was parked in accordance with the new Erast Engine and the passenger car driven by the victim D (hereinafter referred to as 42 years old) who was negligent in operating the brake system at the front of the freight driven by the Defendant.

As a result, the Defendant driven the above cargo while it is difficult to drive the vehicle normally due to influence of drinking, and suffered the light fluorites that require treatment for two weeks.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. A written diagnosis and written estimate;

1. On-site photographs and vehicle photographs after the accident occurred;

1. Application of Acts and subordinate statutes to the offender's place, traffic accident report, accident report, circumstantial report of a drinking driver, report on detection of a drinking driver, inquiry into the results of the crackdown on drinking driving, and investigation report (suspect's admission);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act [the punishment shall be aggravated as concurrent crimes within the scope of adding up the long-term punishments of the crimes resulting from the injury resulting from danger driving and the crimes resulting from the said two crimes];

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