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(영문) 창원지방법원 2013.08.13 2013고단911
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

At around 02:20 on March 15, 2013, the Defendant, while under the influence of alcohol by 0.138% of the blood alcohol concentration, driven the B rocketing passenger car in front of the terminal signal line at Changwon-si, Changwon-si, the Defendant driven the B rocketing passenger car at the speed of about 50km between the two lanes in the direction of the Changwon Hospital.

At the time of night, there was a duty of care to accurately operate the brakes while living well on the part of the driver of the vehicle.

Nevertheless, the Defendant was driven by the front part of the DPoter II driven by the victim C (Nam, 33 years of age) who was waiting in the front section of the signal at the front section due to negligence that the Defendant was under the influence of alcohol and was negligent in not operating the brake system accurately, while under the influence of alcohol.

As a result, the Defendant driven the said car in a situation where it is difficult to drive the car normally due to the influence of drinking, and suffered a light fluoral fluoral fluor, which requires treatment for about three weeks to the victims E (ma, 45 years old) who were on board the fluoral fluor who was on board the flu

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, a report on detection of a drinking driver, and a report on the circumstantial statement of a drinking driver;

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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes against Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Criminal Act for orders to provide community service and attend lectures;

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