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(영문) 창원지방법원 2014.09.30 2014고단1957
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 2, 2014, the Defendant: (a) was a person engaging in driving of B T-Ra motor vehicle; (b) was under the influence of alcohol with 0.157% alcohol level on July 2, 2014; and (c) was driving the said motor vehicle on the front side of the Gyeongwon-gu, Jinwon-si, Jinwon-si, who was under the influence of normal driving.

At that time, it is one-way road and it was difficult for a driver to do so, so the driver has a duty of care to safely drive the steering steering system by properly manipulating the steering steering system.

Nevertheless, due to negligence of neglecting this, the part of the victim C (the age of 65)'s upper part of the victim C (the age of 65), which was seen as having been placed on the right side of the vehicle's moving direction, was shocked into the right side side of the above vehicle.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to drinking, was suffering from the body of the body of a single flat, other than the flat flat, which requires the victim to receive approximately four weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing the scene photographs and vehicle booms images;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition by the Sentencing Committee within the scope of sentencing guidelines set forth in Article 62(1) of the Criminal Act (i.e., reflectiveness, non-existence of punishment, and distinguished service to the State).

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