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(영문) 창원지방법원 통영지원 2016.08.31 2016고단795
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

Criminal facts

1. Around June 4, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”), followed up the roads in front of C, which were in front of the Gyeongnam-si, Gyeongnam-si, to the flooded area from the new gas station.

In such cases, the driver of a motor vehicle has a duty of care to live well on the front side and drive the motor vehicle safely by complying with the tea line.

However, the Defendant, while under the influence of alcohol level 0.135%, was negligent in driving in the state of normal driving due to the negligence of the Defendant’s cargo vehicle in front of the cargo vehicle of the Defendant, and collisions over the part of the victim E (V, 45 years old) driving in the front.

Defendant 1 suffered from the fluoral fluor’s disease that requires the above victim to receive approximately three weeks’ medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving a D truck under the influence of alcohol leveling 0.135% of alcohol level in blood, from the front of the fluence at the beginning of a day-to-day stop, to the front of C in the city-to-day stop on the road, which is located at the beginning of a day-to-day stop.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Notification of the results of crackdown on drinking;

1. A medical certificate;

1. A written agreement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing in favor of the victim of a traffic accident: The fact that the defendant has agreed with the victim of the traffic accident, against his/her mistake;

point - Unfavorable circumstances: The defendant's blood concentration.

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