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(영문) 수원지방법원 안산지원 2013.09.27 2013고단1862
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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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 July 20, 2013, the Defendant is a person who is engaged in driving BM5 automobiles. On July 20, 2013, at around 00:20, the Defendant driven the said automobiles under the influence of alcohol level of 0.249%, and driven the two lanes in the direction of speed from the center to the length of the steel basin in the middle direction.

In this case, the driver of the vehicle has a duty of care to drive the vehicle with a large distance of passage.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not able to brealy boom the part of the D Lasta-T-S5 car kids that was driven by the victim C(the age of 57) who was in the atmosphere signaled in the front bank, was shocked with the said part of the FM5 car kids.

Ultimately, the Defendant driven the said IM5 car under the influence of such drinking as above, and suffered from the injury of the victim E (the victim E (the 29 years old), the victim F (the 20 years old), the victim G (the 27 years old), and the victim G (the 27 years old), respectively, for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Statement of actual condition, statement of actual condition of an employee, report of an employee with the status of an employee with the status of an employee with the status of the 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) 1 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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflective points, degree of injury of victims, etc.);

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1)).

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