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(영문) 수원지방법원 2015.08.20 2015고단1958
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-ro car.

On February 22, 2015, at around 18:40, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.109%, and the Defendant was driving the abovero-vehicle, and turned the south village intersection in the Osan-si, Osan-si to the left left-hand edge.

In front of the car at the time, the car is running, and thus, there was a duty of care to safely change the car line by examining well the right and the right of the car driver.

Nevertheless, under the influence of alcohol, the Defendant was negligent in entering the left-hand left-hand lane and received the part of the panion in front of the steering seat of the car in the car in the body, following the driver's seat on the left-hand left-hand turn.

The Defendant, by occupational negligence, inflicted injury on the victim D, who is a driver of the knife knife vehicle, and the victim E, F, and G, who is the passenger of the knife, on the part of the victim E, F, and G, for approximately two weeks of treatment.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol and driving a motor vehicle under the influence of alcohol which makes it difficult to drive normally, thereby causing injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the result of crackdown on drinking driving;

1. On-site photographs;

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 committed under the corresponding Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The sentencing criteria shall be based on;

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