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(영문) 수원지방법원 안산지원 2015.07.09 2015고단1292

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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 February 6, 2015, at around 00:50, the Defendant driven a motor vehicle with a blood alcohol concentration of 0.118% in the influence of alcohol, and led to the two-lanes of the two-lane Highway from the inside side to the Incheon at a point of 15.8 km.

At night, the Defendant was at night, and the Defendant was at night divided into the two-lanes under the influence of alcohol, and the walk was negligent in driving on the front side and did not accurately operate the brake system in a situation where normal driving is difficult, such as a string distance, etc., and the part behind the right side of the victim C(57 years old) driving along the two-lanes on the front side of the road was received as the front part of the vehicle.

Ultimately, the Defendant, as seen above, driven a car in the above loan with a difficult driving due to drinking, thereby resulting in the Defendant’s salt, tension, etc. in need of approximately eight weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A traffic accident report;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Registers of using drinking instruments;

1. Papers of measurement records of drinking alcohol;

1. On-site vehicle photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 5-11 and 148-2 (2) 2 and 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving), among concurrent crimes, the lower limit of the punishment shall be limited to the punishment prescribed for violating the Road Traffic Act);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [the scope of recommendations].