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(영문) 춘천지방법원 강릉지원 2015.10.14 2015고단829
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 B car car.

On August 4, 2015, at around 00:45, the Defendant, while under the influence of alcohol at least 0.122% of the blood alcohol concentration, was under the influence of alcohol, made the (Gu) D intersection in Gangseo-si C turn to the left from the right edge on the side of the police station.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front left, and to operate the steering and brake system accurately and safely.

Nevertheless, under the influence of alcohol, the Defendant did not properly handle the hand-on hand, and proceeded with and continue to proceed with the right side boundary of the direction of the proceeding one-lane, and the traffic signal in the opposite lane in excess of the central line was driven by E (Nam, 20 years old) with the front part of the U.S. car driving in front of the Defendant’s vehicle.

Ultimately, due to these negligence, the Defendant suffered from the injury of the victim G (ma, 19 years old) and the victim H (ma, 19 years old) in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to a traffic accident report, actual condition survey report, field photo, master-employed driver's license report, status report on the driver's license, report on whether to drive any danger, and medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

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, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. The suspended execution is against Article 62(1) of the Criminal Act, and there is no criminal record of the suspended execution or more; and

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