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(영문) 창원지방법원 2013.07.12 2013고단979
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

On April 20, 2013, at around 17:10, the Defendant was under the influence of alcohol with 0.129% of blood alcohol concentration 0.129%, and the Defendant was driving the cpoter 2 cargo crossing at the cpool-dong in the Yan-si, Kim Jong-si, and proceeded at about 40km from the inside and outside side to the growth side.

At this point, a person engaged in driving of a motor vehicle with a large traffic volume in an intersection has a duty of care to operate a motor vehicle safely by properly operating the brake system while keeping the front line well.

Nevertheless, the Defendant, while under the influence of alcohol, is driving ahead of it in the same lane as marin by negligence while driving without neglecting the front bank.

According to the vehicle stop signal, the victim D (V, 55 years old) driven by the victim D (V) who was temporarily stopped due to the vehicle stop signal was the front part of the cargo vehicle driven by the defendant after the driver of the E Costasch Rexroth vehicle.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as the climatic dump, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D;

1. The actual condition of traffic accidents;

1. A written report from an employee of an employer;

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 concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. From among concurrent crimes, the number of concurrent crimes within the scope of the sum of the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest sentence shall be applicable to the punishment prescribed for the violation of the Road Traffic Act, and the maximum term of the two crimes above the punishment prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.

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