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(영문) 수원지방법원 안산지원 2014.09.19 2014고단1949
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

Criminal facts

On July 23, 2014, the Defendant was under the influence of alcohol with 0.188% of blood alcohol concentration around 22:35 on July 23, 2014, while driving a two-person car, and driving a two-person car at the lower end of the B-man car at the lower end of the B-man car at the lower end of the flow.

The Defendant, while under the influence of alcohol, failed to accurately operate the brakes and neglected yellow signal, and neglected yellow signal, and proceeded to turn to the left at the right by observing the signal from the front side of the DSS3 car operated by the injured party, who was driving by the injured party C and the above SM3 car, suffered injury by the injured party E, who was on board the above C and the above SM3 car, by taking the front part of the right side of the DSS3 car driving by the front pande part of the above C and the above SM3 car, respectively, for about two weeks.

As a result, the Defendant driven a motor vehicle under the influence of alcohol, and driven a motor vehicle while it is difficult to drive it normally due to the influence of alcohol, thereby causing the injury of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. CWritten statement on the occurrence of a traffic accident;

1. Place and photograph of the accident;

1. A written proposal from an employer, and a written report from an employer to an employer;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 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. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the long-term punishment for two crimes is aggregated);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. orders to provide community service and attend lectures, causes two human lives while driving a vehicle while under drinking.

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