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(영문) 수원지방법원 안산지원 2014.07.22 2014고단990

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten 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 January 18, 2007, the Defendant was sentenced to a fine of KRW 2 million for a crime of violation of the Road Traffic Act, and a fine of KRW 7 million for a crime of violation of the Road Traffic Act, etc. in the same court on February 28, 2013.

1. Around 13:40 on April 5, 2014, the Defendant was driving Ch-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a CDap car;

On April 5, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.221% 0.20% around 13:40, and entered the same three-lane road in the Chump station in the Chump station located in the Chump station in the Chump of U.S., U.S., U.S., the Defendant sustained the injury of the victim D (the age of 63) who was a direct driving in the right direction from the left side of the Defendant’s front line, while driving the vehicle on the condition that it is difficult to drive the vehicle normally due to the influence of alcohol, and driving the vehicle on the condition that it is difficult for the victim to receive approximately two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual survey report, traffic accident occurrence report, accident photograph, accident video CD;

1. The circumstantial statement of a drinking driver, a report on detection of a drinking driver, and a drinking output;

1. A medical certificate;

1. The driver's license ledger;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (Attachment of summary orders)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of a sound driving);