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(영문) 창원지방법원 2015.05.21 2015고단205
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 29, 2014, the Defendant driven a vehicle B K5 with a blood alcohol concentration of 0.252% 0.252% while under the influence of alcohol around 22:50 on December 29, 2014, and driven a road in front of the construction site of the oldsan High School, which is located at the night of Kimhae-si in the city of Kimhae-si, along the two-lanes in the direction of the Kusan-si Sports Center.

At the time, there is a night and a place where the center line of the yellow real line is installed, so there was a duty of care to safely drive the motor vehicle with the center line by reducing speed for those engaged in driving the motor vehicle and considering the right and the right and the right well.

Nevertheless, the defendant neglected to do so and neglected the duty of front-way and left-way and left-way, and got the front part of the Korean passenger vehicle operated by the injured party C(the age of 44) who was driving by the central line, into the front part of the defendant's vehicle's left-hand side and continued driving by the injured party E(the age of 35) who was driving by the injured party E(the age of 35).

Ultimately, the Defendant driven the said K5 vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim C, such as salt, tensions, etc. of the trend that requires a two-day medical treatment, and the victim E, such as light dump, tensions, and tensions that require a three-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;

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