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(영문) 수원지방법원 평택지원 2015.11.27 2015고단1540
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 driving a BM3 car.

On October 23, 2015, the Defendant driven the said car on October 23, 2015, and was under influence of 0.255% of blood alcohol concentration, and led to the rapid decline of about 40km from the north side of the Driju station in Pyeongtaek-si C with two lanes towards the north side of the Driju station.

At the time of the defendant's running direction, the FK5 car driven by the victim E (the 33 years old) was in progress, so in such a case, the driver of the vehicle had a duty of care to safely operate the steering wheel and steering gear by accurately operating the steering gear and operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the steering gear and operating system properly, and the part concerning the back of the said K5 car stopped in accordance with the suspension signals was received by the Defendant as the front-down part of the MF5 car.

Ultimately, the Defendant, while driving the said SM5 vehicle in a situation where normal driving is difficult due to influence of alcohol, suffered injury such as salt ties, tensions, etc. of the trend that requires approximately two weeks of medical treatment to E, and injury to the victim G (V, 30 years of age) boarding the said K5 vehicle, such as light drums, tensions, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of the crackdown on drinking driving, and a written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime concerned; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of two crimes) shall apply.

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