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(영문) 수원지방법원 2014.08.14 2014고단2098
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

Punishment of the crime

On April 5, 2014, at around 17:25, the Defendant driven a Bnish-do car with a blood alcohol concentration of 0.153% 0.1%, and turned to the right right by way of a speed of about 5 km at the speed of 5 km in the city, at the 7-lane of the Jingingak-gu, Seoul, the administrative Donnam-do at 475-1, a comprehensive sports field, along the one-lane, was driven along the one-lane road at the eth of the sports field.

Since there was a cross-section and the first left-hand road, there was a duty of care to make a right-hand turn to a person engaged in driving of a motor vehicle, but it was a duty of care to properly protect the vehicle and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in moving the vehicle into a two-lane, without changing the vehicle vehicle into a two-lane, and was negligent in moving the vehicle into an administrative dct100-wheeled vehicle of the victim C(55 years old) who was stopped for the signal atmosphere at the time, and stopped for the signal atmosphere.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. The actual condition of traffic accidents;

1. A report on the state of the operation of a motor vehicle;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of imprisonment with prison labor for the crime,

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

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

1. The fact that the defendant's reasons for the sentencing of Article 62-2(1) of the Criminal Act for community service and lecture attendance order reflects his mistake, and there is no record of punishment for a suspended sentence or heavier.

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