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(영문) 창원지방법원 통영지원 2013.11.26 2013고단779
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 11:30 on June 29, 2013, the Defendant driven a B-hand motor vehicle with a blood alcohol content of at least 0.289% while under the influence of alcohol at a section of about 100 meters from the design cartel to the design cartel lot located in the same Ri located in the head of Sacheon-si, Sacheon-si, Sacheon-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving motor vehicles B;

On June 29, 2013, around 11:30 on June 29, 2013, the Defendant: (a) moved one way in front of the design telescope in Sacheon-si, Sacheon-si; and (b) was moving from the Ocheon-si to the parking lot for Sacheon-si bus from the Ocheon-si to the ethic speed.

In this case, there was a duty of care to prevent accidents, such as accurately operating the steering gear and brake system, if there is no vehicle following the inspection of the rear well by a person engaged in driving service.

Nevertheless, the Defendant neglected this in the state of full-time and stopped in the rear bank due to the negligence of the Defendant, and received the front part of the Drano-car driving by the victim C (M, 57 years old).

As a result, the Defendant was driving in a state where normal driving is difficult due to the influence of drinking, and the Defendant suffered from the injury of crypitis in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver;

1. A traffic accident report;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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