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(영문) 수원지방법원 여주지원 2014.05.30 2014고단189
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

1. Around February 22, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the B-learning car under the influence of alcohol concentration of 0.268% by driving it at a speed of about 60 km from the front side of the guard.

Since there is a cross-section where signal lights are installed, there was a duty of care to enter the cross-section according to the new code for those engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant was negligent in entering the intersection in contravention of the signal and received the part of the Defendant’s vehicle in front of the right-hand part of the driver’s vehicle, which was driven by the victim C(32 years of age) driving from the middle right-hand distance to the middle right-hand part of the driver’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 right side of the second hand, which requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the same date and time as stated in paragraph (1) of this Article, the Defendant driven B-learning car under the influence of alcohol with a blood alcohol concentration of 0.268% from the 1km section from the front side of the Leecheon-si, Leecheon-si to the expansion distance from the 1km-si, Leecheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. A written diagnosis for C;

1. Application of the Acts and subordinate statutes to damaged motor vehicles and photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime, the selection of a sentence for imprisonment, and the choice of a sentence;

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

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