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(영문) 수원지방법원 안산지원 2017.08.23 2017고단1678

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

The defendant is a person who drives B's low-income motor vehicle.

1. On April 29, 2017, the Defendant driven the said vehicle while under the influence of alcohol content of about 0.225% in a section of about 200 meters from the public parking lot in front of Haz-dong in Ansan-si, a member of Ansan-si to the middle school located in the same Dong from the central middle school located in the same Dong.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) at the time, place, as mentioned in paragraph (1) above, was unable to drive normally, such as a red and rhym strhm, while driving the front road in the direction of the central middle school distance at the center, due to the negligence that the front road was driven in the direction of the central middle school distance, and the part of the victim Do driving E in the front part of the victim Do driving, which was parked in the signal signal from the front side of the mast in the direction of the mast, was driven in front of the frane vehicle. The Defendant suffered injury, such as “brain finum,” etc., which requires a two-day stability medical treatment for the victim f who was on board the said K3 vehicle, and suffered injury to the victim f who was on board the said K3 vehicle, such as “an injury,” which requires a stability of 2-day emergency medical treatment for the same passenger G.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Response to a request for appraisal;

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

1. Article 5-11 (Selection of Imprisonment, Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime (the selection of imprisonment and the driving of alcohol);

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act on the condition that the defendant's blood content is high,