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(영문) 수원지방법원 여주지원 2015.12.21 2015고단874
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

The Defendant is a person engaged in driving D-ma 2.5 tons of cargo vehicles.

On August 30, 2015, the Defendant driven the above cargo while under the influence of alcohol of 0.205% with a blood alcohol concentration of 0.205% on August 30, 2015, and driven the road of 1 lane in front of the Fju station in Gyeonggi-gun E at the speed of about 40km in the direction of the direction of the direction of the parallel.

At this point, there is a center line of yellow solid lines, so in such a case, the driver had a duty of care to prevent traffic accidents by driving the lanes with the view of booming on the front side.

Nevertheless, as above, the Defendant was driven by the injured party G (the 70-year-old) who passed an opposite lane due to the negligent negligence of the center line while driving a stroke while under the influence of alcohol, and was driven by the injured party G (the penter) in front of the left side of the HRavia car.

As a result, the Defendant driven the above cargo while it is difficult to drive the vehicle normally due to influence of drinking, and suffered injury to the victim, such as cerebral abrut, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Notification of the results of crackdown on drinking driving, and the report on the situation of drinking drivers;

1. A traffic accident report;

1. On-site photographs and photographs at the time of accident;

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, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor concerning the crime;

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. An order to attend a lecture under Article 62-2 of the Criminal Act is a case where a person involved in an accident was injured while driving a motor vehicle while under the influence of alcohol for sentencing, and is not agreed with the victim.

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