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(영문) 창원지방법원 거창지원 2015.02.11 2014고단387
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. On November 24, 2014, at around 22:28, the Defendant driven a CSM5 car under the influence of alcohol content of about 500 meters from a permanent market parking lot located in the central Ri of Chang-gu, Chang-gun, Chang-gun, Seoul to the court in front of the distance of history located in the same Eup/Myeon.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a CSM5 car.

On November 24, 2014, at around 22:28, the Defendant proceeded at a speed of about 30 km in the city, depending on a one-lane, front of the court shooting distance, located in the lag of Chang-gu, Chang-gu, Chang-gu, Seoul, Seoul, in the front of the court shooting distance, from the boundary of the north-do shooting distance to the boundary of the large apartment at a speed of about 30 km.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to ensure that a person engaged in driving service is thoroughly able to drive the car thoroughly and safely.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving beyond the central line and was negligent in driving the vehicle in front of the left side of the E-learning car driven by the victim D (hereinafter referred to as 44 years old) who was in the traffic signal atmosphere at the vehicle crossing the center line.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as dump of the culp for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and traffic accident record and photograph;

1. Report on the oral statement of the driver, and written assessment of blood alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, and the former part of Article 5-11 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by a dangerous driving);

1. The amount of each option of imprisonment with prison labor is very high;

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