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(영문) 수원지방법원 평택지원 2015.03.06 2015고단94
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

The Defendant is a person who is engaged in driving a car B.

On January 1, 2015, the Defendant, while under the influence of alcohol around 0.262% of blood alcohol concentration, was driving the said nuba car, and led to the intersection of the shooting distance in front of the terang station located in Pyeongtaek-si branch, Pyeongtaek-si.

Since there is a place where a signal is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with its signals by reducing speed and keeping the right and the right of the motor vehicle well.

Nevertheless, the Defendant neglected this and went to the left by the negligence of proceeding, while the signal was under the influence of the left-hand turn, brought to the left-hand turn from the right-hand side of the victim C(39 years old) driving, which turned to the right-hand side of the instant wing car, the front part of the instant wing car, which turned to the right-hand side of the said car.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered a pleatal flusium that requires approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written appraisal of blood alcohol;

1. Application of the practical survey report, field photographs statutes;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. When considering the fact that the sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is highly high and the traffic accident occurred, it is necessary to strictly punish the defendant, but the defendant is charged in the instant case.

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