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(영문) 수원지방법원 평택지원 2015.08.28 2015고단847
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 who is engaged in driving of a rash car B.

On June 6, 2015, the Defendant driven the said car while under the influence of alcohol of 0.138% of blood alcohol level around 07:10 on June 6, 2015, and led to the intersection of the South-west Cultural Center located in the non-driving of Pyeongtaek-si to an insular speed from the ethrade to the tent of the tent.

At this point, the driver of the intersection where the signal lights are installed has a duty of care to proceed in accordance with the signal signals.

Nevertheless, the Defendant, while neglecting this, breathed the front part of the victim C(30 years of age) driving, who was proceeding the above-mentioned intersection due to the occupational negligence in the course of the operation of the signal in the right side of the pertinent radar car, due to the Defendant’s negligence in the course of the operation of the breath in the right side of the pertinent radar car.

As a result, the Defendant driving the said car in breach of duty of care and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report on traffic accidents;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of causing occupational injury, and the choice of imprisonment without prison labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

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

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, even though he had a history of punishment for drinking driving in the past, causes a traffic accident by driving a motor vehicle in a considerable drinking state, etc., is admitted to the facts charged in this case disadvantageous to the defendant.

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