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(영문) 수원지방법원 안양지원 2017.05.19 2016고단2135

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is engaged in driving a golf car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On November 10, 2016, under the influence of alcohol 03:30% during blood, the Defendant driven the said golf vehicle with a two-lane alcohol 0.181% alcohol level, and driven the said golf vehicle along with one-lane of Samsung Underground Road, which is located in the military prisoner of war in the Gun of Si/Gunpo-si, from the Gunpo-si public health clinic, along with one-lane from the Gunpo-si located in the Gunpo-si. On November 10, 2016, the Defendant was negligent in driving the victim C (6 years old) driving in the front line without due to the influence of drinking, while driving the road along with the one-lane distance from the Gunpo-si public health clinic to the Gunpo-si, and suffered from the victim C (66 years old-gu driving) with the Defendant’s front part of the said golf vehicle in front of the said golf vehicle, resulting in the Defendant’s injury to the victim, such as the above 25-day operation vehicle.

2. The Defendant 1 driven a golf car as stated in the above paragraph 1 under the influence of alcohol content of 0.181% at the blood at the time and place as stated in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in C and E;

1. A copy of the statement of the circumstances of the driver at home, a copy of the report on detection of the driver at home, and a traffic accident report;

1. Each written diagnosis;

1. Application of the statutes on the list of traffic accidents-related photographs;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The community service order and the like;