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(영문) 수원지방법원 평택지원 2015.07.10 2015고단728
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

The Defendant is a person who is engaged in driving of Poter Cargo Vehicles B.

On April 11, 2015, the Defendant driven the above cargo vehicle with a 0.108% alcohol level of 0.108%, while under the influence of alcohol level around 15:55, and driven the two-lane road in front of the “D” restaurant in Ansan City C along the two-lanes from the intersection of the agricultural heart to the intersection of the military.

In such a case, there was a duty of care to prevent accidents by driving a person engaged in driving a motor vehicle in advance by safely driving the motor vehicle in a way that the person engaged in driving the motor vehicle well.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim E (the age of 53) who was driven by the Defendant’s e (the age of 53) due to the negligence of the Defendant’s failure to live well, and the Defendant was driven by the Defendant as the front part of the Defendant’s cargo vehicle.

Ultimately, the Defendant, while driving the above cargo vehicle, suffered injury to the victim E, such as salt, tensions, etc. of all the fluoral species which require approximately two weeks of medical treatment, and injury to the victim G (V, 53 years of age) who was on the fluoral vehicle, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for a crime of violating the Road Traffic Act in the choice of punishment, and a sentence of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents;

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

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