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(영문) 수원지방법원 여주지원 2015.01.19 2014고단810
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 one year 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 PPP car.

On December 25, 2014, at around 20:50, the alcohol concentration of 0.150 percent of the blood alcohol concentration is under the influence of alcohol to the extent that normal operation is impossible, and the driving of the roads in front of the D cafeteria located in the Enju City C in the direction of a tri military distance from the dunes of the head of the Dong-Eup Eup. At that time, there was a duty of occupational caution that the central line should not be invaded because it is a one-lane road in which the central line is installed.

Nevertheless, the Defendant, by negligence in the course of driving the central line at this time, was faced with the part of the driver’s seat in front of the driver’s seat of the FRab Cargo Driving Vehicle driven by the victim E, who was under normal progress at this time, and suffered injury in need of at least 5 weeks of treatment, such as a multilater open wound, to the victim E;

B. The same content as the above “A”, while under the influence of alcohol with 0.150% of alcohol content, driving the car volume of the above mountain-est car from the Do in front of the restaurant at the head of the Dong-Eup Eup to the place of the said accident from approximately 3 km to the place of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report and on-site photographs;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. A written appraisal of blood alcohol;

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 concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the relevant provision of the Act on the Punishment, etc. of Specific Crimes and the Selection of Punishment, etc., and Article 148-2 (2) 2 and Article 44 (1)

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant agreed with the victim, and that the defendant reflects the crime is favorable to the defendant.

However, the central line is in the state of alcohol concentration of 0.150% in blood.

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