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(영문) 수원지방법원 평택지원 2015.05.14 2015고단428

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for nine 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 17, 2015, the Defendant: (a) was engaged in driving a ecoo vehicle B; (b) was under the influence of alcohol on February 17, 2015; (c) while driving the said vehicle under the influence of 0.258% of alcohol; (d) was under the influence of 0.258%; (c) was driving the said vehicle in the direction of ecuadic cuadic ecuadic ecuadic ecuadic ecuadic ecuadic ecuadic ecuadic ecuadic ecuadic ecuadic ecuad ecuad ec ecuad ec ec ecuad ec ec ec ec ec ec ec ec ec ec ec ec e; and (d) was under the influence of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The application of Acts and subordinate statutes to the actual condition survey report, traffic accident occurrence report, the main driver's license report, the collection of blood, the vehicle photograph of the accident vehicle, the car table, and the medical certificate;

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

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Confession, the amount of punishment not to be paid, and subscription to comprehensive insurance;