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(영문) 수원지방법원 안산지원 2015.12.17 2015고단2427
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

On June 21, 2015, around 18:05, the Defendant changed the two-lane to a two-lane, while driving a 19.5 km in the 2nd Linbya, which is located in the Manby noona city, in a state where normal driving is difficult because it is difficult to drive the two-lane 19.5 km under the influence of alcohol level 0.261% in blood alcohol level, the Defendant is influoring, and red on the face, while driving a Macoo motor vehicle in the B in a state where it is difficult to drive the vehicle normally.

In such cases, the driver of the motor vehicle has a duty of care to inform the driver of the motor vehicle of the direction in advance and to change the lane safely by properly examining the right and the right of the front.

Nevertheless, the Defendant neglected this and found the D-wing truck of the victim C (the 52-year-old driver) who had been driving in the two-lanes due to the negligence of changing the two-lanes under the influence of alcohol, at a late time, and shocked the above wing and trucking part following the Defendant's vehicle.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of alcohol, and caused the above victim to suffer a mination of the left-hand aggregate requiring treatment for about six weeks. At the same time, the Defendant suffered the injury of the victim E (the age of 22) who was on board the top of the vehicle driven by the Defendant for about two weeks, such as an open head room requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the police statement (simplified traffic) in C and E;

1. Application of each of the Acts and subordinate statutes as stated in the actual condition survey report, the circumstantial statement of a host driver, and each diagnosis report;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.

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