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(영문) 창원지방법원 마산지원 2015.03.31 2015고단128
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B sod;

On December 18, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.138% 0.138% around 20:00, and continued two lanes from the three-lanes in front of the Howon-si, Changwon-si, Changwon-si, the Changwon-si, the Howon-si, and the Ho-gu, the 70km at a speed of 10km from the dong Hospital room.

At the night time, the car in the Grandland driven by the victim C(the age of 43) was in the front of the night, and thus, the person engaged in driving service of the motor vehicle had a duty of care to reduce the speed and prevent the accident by properly examining the front side.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive the car at the same speed while making it difficult for the Defendant to drive the car at a normal speed and was negligent in driving the vehicle at the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the victim C’s salt, tension, etc. in need of approximately three weeks’ medical treatment due to occupational negligence as above.

2. Around 20:00 on December 18, 2014, the Defendant was driving a B-to-faced vehicle with a blood alcohol concentration of at least 0.138% while under the influence of alcohol without obtaining a driver’s license in the section of about 4km from the place near the Cheongwon-si in Changwon-si to the front roads of the Cheongwon-si, Changwon-si, Cheongwon-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Report on detection of drivers, circumstantial statements, and the register of driver's licenses;

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 related to the crime (the point of causing bodily injury to a dangerous driving) and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act.

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