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(영문) 수원지방법원 평택지원 2016.01.28 2015고단1681
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 a period of 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 a C observer car.

On September 18, 2015, the Defendant continued two lanes in front of the E convenience point in Pyeongtaek-si D at a speed of about 40 km each hour, along the two lanes in the direction inside the direction of the passage.

At night and at that time, there is an intersection where signal lights are installed, so in such a case, the driver had a duty of care to keep the signal well while driving on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident by operating the signal accurately and safely.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol content 0.308% in blood, and thereby neglected to do so, received the back part of the GM3 car driven by the victim F(78 e.g., the signal atmosphere from the front bank to the signal atmosphere as the front part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the said victim F, such as brain-dead, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A written appraisal of alcohol among bloods;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime (selected of imprisonment with prison labor) of the relevant Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the protection and observation and application of sentencing guidelines under Article 62-2 of the Criminal Code of the community service order: The scope of recommendation of sentencing guidelines for the reasons of sentencing under Article 62-2: The higher alcohol concentration among the O blood transfusion (from August to June), and agreement with the injured party.

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