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(영문) 수원지방법원 2014.01.07 2013고단1180

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

The defendant is a person who is engaged in driving a CMW car.

On December 13, 2012, around 00:25, the Defendant: (a) drive an automobile at the 386.8km point at the Gyeongcheon-si, Gyeongsung-si; (b) drive the said automobile not covered by mandatory insurance; (c) while driving at the 5-lane from the 5-lane at the 0.172-lane of alcohol alcohol, the Defendant was driving at the 3-lane of Busan-si; (d) while driving at the 5-lane of alcohol, it is difficult to drive the vehicle at the 3-lane of Busan-si due to influence of alcohol, the Defendant was trying to change the 9-lane line to the right side of the said 4-lane while driving at the same time; and (e) tried to remove the said 9-lane line from the front of the said 3-lane; and (e) tried to drive the said 7-lane line to the left side side of the said 4-lane of the victim D(the 40-H vehicle) while driving at the left side of the said 7-hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Statement by the prosecution concerning D;

1. Notification of the control of drinking driving;

1. A criminal investigation report (general);

1. Mandatory insurance policies;

1. Comprehensive details of each vehicle;

1. A medical certificate;

1. Application of each written estimate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, and Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act concerning the crime;