(영문) 창원지방법원 2013.05.28 2012고단3948

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(영문) 창원지방법원 2013.05.28 2012고단3948

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

The defendant is a person who is engaged in driving a car in B.

On November 5, 2012, the Defendant driven the said vehicle at a speed of 0.130% with a blood alcohol concentration of 0.15:27%, and continued to drive the said vehicle at a speed of about 70-80KK at a speed of about the speed of about 70-80 KK in front of the Sio Gameland, which is located in the Gimhae-si, Kimhae-si.

Since there is a road where vehicle traffic is frequent, there was a duty of care for a person engaged in driving of a motor vehicle to drive the motor vehicle safely by keeping the traffic situation of the front left right and right.

Nevertheless, the Defendant neglected to drive a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to drinking conditions, and due to the negligence of changing the motor vehicle's right side of the motor vehicle without any delay, found immediately after the motor vehicle is driven by the victim C(26 years of age) who was at the right side of the motor vehicle, and received the back side of the damaged motor vehicle due to the front part of the motor vehicle's right side of the motor vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident survey report, an appraisal request report, and a report on the detection of drivers;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the crime;

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 provides that the defendant does not have the same criminal record, the degree of damage to the victim is relatively heavy, and the defendant is led to the confession of the crime and is against himself; and

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제2호

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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