beta
(영문) 수원지방법원 안산지원 2016.03.30 2016고단270

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 15, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driving a CV motor vehicle on the side of the movement while under the influence of alcohol content of 0.125% at the three-lanes of the 4-lane of the 2nd apartment in Ansan-si, Ansan-si, Ansan-si, the upper part of the B apartment in front of the B apartment in Ansan-si.

Since the frequent traffic of a vehicle was a frequent road, the driver neglected his duty of care to prevent accidents by putting on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of the chill that requires two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a CN model under the influence of alcohol with 0.125% alcohol concentration in blood at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on occurrence of a traffic accident, report on the circumstances of a driver driving, and notification of the results of regulating drinking;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the maximum and minimum limits of a long-term punishment shall be the crime of violating the Road Traffic Act) of the aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act [the types of decisions] are as follows.