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(영문) 수원지방법원 2016.11.04 2016고단5126
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 01:50 on July 7, 2016, the Defendant driven a B SP car under the influence of alcohol content of about 7km from a section of about 0.229% of alcohol alcohol concentration to the intersection of the private distance of the sick station located in the SP ward-dong-dong of Suwon-si, Suwon-si. In short, the Defendant driven a B SP car under the influence of alcohol content of about 0.229% from a section of about 7km to the intersection of the private distance of the sick station.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) was under the influence of 0.229% of alcohol concentration in the above temporary border, and the Defendant driving a BSP car with two-lanes of the two-lanes of the two-laned road in front of the shooting distance in the sick Station located in the Escopic C (the age of 36) from the bank of the Dong branch to the water source from the bank of the Dong branch, and the Defendant received the back portion of the damaged vehicle from the front part of the Defendant’s vehicle, instead of seeing the Drocketing-type taxi under the influence of the victim C (the age of 36) who

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as light salt, tension, etc. which requires approximately three weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A report on the state of the operation of a motor vehicle;

1. Notification of the results of the drinking driving control, and the measurement and output of drinking;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Reasons for sentencing under Article 62-2 of the Criminal Act (the scope of recommending sentence) of the Criminal Act (the injury caused by traffic accidents) shall be the first type of general traffic accident;

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