(영문) 수원지방법원 2013.3.20.선고 2012고단6227 판결

The defendant shall be put in prison for ten months: Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a three-dimensional vehicle.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

The Defendant, at around April 2012, 26, 22:23, driving the said car, and proceeding along three lanes near the shooting distance for each passenger vehicle at the Sejong-dong in the area of the Sugwon Station, from the area of the water basin to the area of the right line, the Defendant was negligent in drinking while driving the alcohol, and was negligent in the course of business in which he did not properly operate the steering gear, and was driven by D, which was stopped on the right side of the moving direction, with the left side of the Eone Star or the passenger car driven by the Defendant, while driving the said car at the top side of the steering line of the said vehicle located on the right side of the moving direction, the Defendant was driving the said car at a point of 150 meters in front of the central hospital at a point of 150 meters in the front of the said passenger vehicle, and was re-employed by the front part of the passenger vehicle in front of the said passenger vehicle.

The Defendant, by the above occupational negligence, suffered from the injury of the victim H (V, 15 years old), victim I (n, 17 years old), victim J (n, 16 years old), victim K (n, 16 years old), victim L (n, 16 years old), victim M (n, 16 years old), victim N, victim 0 (n, 17 years old), victim P (n, 17 years old), victim P (n, 17 years old), victim Q (n, 17 years old), victim R (n, 18 years old), etc. to each 11 victims, including about two weeks of medical treatment, and at the same time, did not take measures such as repair costs 2,726,80 won in front of the repair seat of Eone Star or passenger car, repair 10 years old and 17 years old, and did not immediately repair 10 years old and 18 years old.

2. Violation of the Road Traffic Act;

On April 26, 2012, at around 22:00, the Defendant driven a motor vehicle with Cinsty in the state of alcohol alcohol farming (Dmark Application) 0.112% under the influence of alcohol on the section of approximately 10 km from the front day of the relevant police box in the Sincheon-gu S apartment at Suwon-si to the underground parking lot at approximately 2:41 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. Each statement of T, U, H, I, J, K, L, M, N,O, P, Q, and R;

1. The actual condition of traffic accidents;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Each written diagnosis and written estimate;

1. Application of the Act and subordinate statutes to the investigative report (246 pages);

1. Article applicable to criminal facts;

Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Articles 148 and 54(1) of the Road Traffic Act; Articles 148-2(2)2 and 44(1)1 of the Road Traffic Act

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Each imprisonment-choice type

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., confession, reflectivity, injury of victims, relatively minor, absence of special criminal records, subscription to a comprehensive insurance, circumstances agreed with some victims, etc.)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Concurrent Consideration for Reasons)

Judges

Judges Lee Jin-young