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(영문) 창원지방법원 2014.11.07 2014고단2279
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

On July 7, 2008, the Defendant was notified of a summary order of a fine of three million won due to a violation of the Road Traffic Act, etc. at the Changwon District Court on July 7, 2008, and was sentenced to a suspended sentence of two years on January 27, 2012.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving B car as one;

On May 9, 2014, the Defendant, at around 0.10:0, was 0.10% of blood alcohol concentration, was 0.181% of smelled at the bar, was snick, and was under the influence of alcohol so as to make it difficult for the Defendant to drive the said vehicle normally, such as a string distance, and was driving the said vehicle before the D cafeteria located in Kimhae-si C, and started driving the road ahead of the D cafeteria in the above parking area.

In such cases, there was a duty of care to ensure the safe operation of the electric embankment and the steering gear by accurately operating it.

Nevertheless, the victim E(33 years of age) who was in a maeb by negligent negligence while neglecting this, followed the left side of the victim E(33 years of age) and received the front part of the said car as the front part.

In the end, the defendant suffered from the victim's negligence in the course of business so that the victim was in need of medical treatment for about two weeks.

2. Around 23:10 on May 9, 2014, the Defendant driven the said vehicle at a section of about 50 cm on the front of a D cafeteria located in Kimhae-si C while under the influence of alcohol concentration of 0.181%.

Summary of Evidence

1. Defendant's legal statement;

1. Evidence list Nos. 1 to 6, 9, and 10

1. Before judgment: Application of the above evidence list Nos. 18 and 19;

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

1. Selection of each sentence of imprisonment with prison labor (not later than three years before the market);

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

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