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(영문) 수원지방법원 여주지원 2013.05.21 2013고단199

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 14, 2013, at around 23:23:23, the Defendant was under the influence of alcohol 0.135%, while driving a two-lane freight vehicle in the Gyeonggi Pyeong-gun, the Defendant: (a) driven a two-lane side of the two-lanes in front of the Pungcheon-gun, Yan-gun; (b) at night, at the time, pedestrians can walk on the two-lane side of the two-lanes; and (c) in such cases, the driver of a motor vehicle was negligent in neglecting his duty of care in advance to prevent accidents, such as driving on the roads and traffic conditions, and driving on the front side of the motor vehicle while it is difficult to drive the motor vehicle normally due to influence of alcohol; (d) caused the death of the Defendant on the front side of the motor vehicle, facing the motor vehicle, and caused the Defendant to break the front side of the motor vehicle and the rear side of the motor vehicle without any delay.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written report from an employee of an employer;

1. A corpse of corpse;

1. Application of on-site photographs and Acts and subordinate statutes on change of history;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-2 (2) 2 and 44 of the Road Traffic Act concerning the crime (the point of sound driving and the choice of imprisonment);

1. From among concurrent offenders, the defendant's reason for sentencing is not to throw away the habit of drinking driving even though he had a previous record of driving under influence of alcohol, within the scope of adding up the long-term punishment of each offense to the crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of