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(영문) 수원지방법원 2014.01.28 2013고단6388
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

On November 5, 2013, at least 18:33, the Defendant, while normal driving is difficult due to drinking of 0.156% alcohol level on the roads in front of the Yongsan-dong, Busan Metropolitan City, Busan Metropolitan City, and the blood alcohol level, was driven by the Defendant at a speed of about 40 km per hour depending on the distance of the educational office building at the end of the world where the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the three-lanes of the two-lanes of the two-lanes.

At the time, there is a night and a place where the center line of the yellow-line is installed, so a person engaged in driving service has a duty of care to thoroughly operate the front-round city and safely to protect the tea.

Nevertheless, the Defendant neglected to do so, while driving a motor vehicle in the opposite opposite line due to occupational negligence running a central line, and operated in the opposite line due to the foregoing negligence, took the front front and rear door of the driver's seat of the victim C(37 years old) driving of the motor vehicle in the opposite line, and continued to take the front part of the victim E(47 years old) driving of the motor vehicle in the opposite line, and received the front part of the above cargo vehicle in the front part of the cargo vehicle.

As a result, the defendant suffered from the victim E such light signboard disability, which requires approximately four weeks of medical treatment, and light spared, which requires approximately two weeks of medical treatment to the victim C, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

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

1. 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 concerning the crime committed;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the fact that the defendant was punished for drinking driving.

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