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(영문) 수원지방법원 성남지원 2015.08.20 2015고단1221
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a HG vehicle.

On June 28, 2015, the Defendant driven the above vehicle while under the influence of alcohol of 0.10% of blood alcohol concentration at around 21:50, and driven the two-lanes of the two-lanes in speed from the Gju-si, Gwangju-si, the front road of the 2000-2 "Seongnam-si" as the Gyeong-si, Gwangju-si.

In such a case, although the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to drive the motor vehicle safely by taking the front, rear and left well in line with the right side of the center line, as seen above, while neglecting it in a state where normal driving is difficult due to influence of drinking, the Defendant was negligent in driving the motor vehicle before and after the center of the motor vehicle, and received the F-tax of the victim E (the age of 48) who normally proceeds two lanes in line with the right side of the center line.

Ultimately, the Defendant suffered injury to the above E (the age of 48) by negligence in the course of performing the above duties, such as cage cage cages, which requires at least four weeks of medical treatment, and caused the said taxi passengers G (the age of 54), the victim H (the age of 52), and the victim H (the age of 52) to die due to damage to the mouths and cages during the hospital treatment on June 29, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to each death certificate and injury diagnosis certificate;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) concerning the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.

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