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(영문) 수원지방법원 성남지원 2015.11.10 2015고단1829
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 11, 2015, the Defendant was under the influence of alcohol 0.227% on blood alcohol level on August 23:25, 2015, the Defendant driven BM5 vehicles at the section of about 4 km from the front day of the market in the area of Sungnam-si, Sungnam-gu, Sungnam-si to the high speed of the powder corresponding to about 10-5, Sungnam-gu, Sungnam-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to drive in accordance with the two-lanes of three-lanes in the direction of the party between the two-lanes in the direction of the direction of the branch library in the state that the Defendant is difficult to drive normally due to the influence of drinking, such as the foregoing temporary landscape.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately operating, operating, maintaining a safety distance, and operating, the traffic situation of the front-distance, and by operating the steering system.

Nevertheless, the Defendant neglected to drive normally due to the above influence of drinking, while driving the car in the front direction at the three-lanes in the front direction due to negligence, which led to the Defendant’s failure to drive normally, and was driven by the victim C (the age of 38) who was driving by the victim C(the age of 38).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the unknown brain, in detail, that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

2. C’s statement;

3. Investigation report on the actual condition of traffic accidents, report on the actions against a driver, and report on the actual status of driving on the driving on the job;

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

1. Selection of imprisonment with labor under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and selection of imprisonment with labor

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

3. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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