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(영문) 창원지방법원 2013.05.28 2013고단79
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

1. On November 30, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of 0.213% of blood alcohol concentration by driving Bho XG car at around 19:15, and led the Defendant to drive three-lane roads near the Yellow Sea, which are located in the Gyeongnam-si, Kimhae-si, Gyeonghae-si, Kim Jong-si.

In such cases, a driver of a motor vehicle has a duty of care to take a full-time and right-hand side and right-hand side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol at the time, could not show the front door properly and could not operate the steering and steering system normally, was driven by the said vehicle and parked to the front door by the victim C (W, 42 years old) who was stopped for the signal atmosphere in the front door. The back part of the damaged vehicle was found to be the front part of the vehicle.

As above, the Defendant, while driving under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, sustained injury, such as climatic salt, which requires treatment for about three weeks, by the victim.

2. The Defendant violated the Road Traffic Act (driving a sound driving) from the front of a restaurant in the mutual influence of the trade name in the Gyeongnam-si, Kim Jong-si to the road in the accident site under the preceding paragraph to the road, the Defendant was driving B-XG car in the state of alcohol 0.213% of the blood alcohol concentration from the 1km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to general medical certificates and estimates;

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, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

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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