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(영문) 수원지방법원 성남지원 2013.08.08 2013고단946
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 of the final judgment.

Reasons

Punishment of the crime

On September 8, 2008, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act, and a fine of KRW 3 million by the same court on December 15, 2008.

On May 9, 2013, the Defendant, as a person engaged in driving C observer car, driven the said car with a blood alcohol concentration of 0.168% on a normal condition that it is difficult to drive under the influence of alcohol on May 21, 2013, and was negligent in operating a brea line lying in the central line of the Orpo-Eup in Gwangju City, while driving the car in the direction of 0.168% on both sides of the Orpo-Eup at the same time as a brea-type apartment room, and caused the victim E (34 years) who was getting off the brea line in the opposite direction to avoid it, thereby getting the victim E (34 years) who was driving in the opposite direction beyond the floor, thereby getting the victim E, who is in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A medical certificate;

1. A survey report on the actual condition, a report on the detection of drivers, and a report on whether to drive any motor vehicle at risk;

1. Previous record: Application of a copy of criminal records and summary order;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a sentence;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is against the defendant's reason for sentencing, the punishment of total eight times due to drinking without permission and traffic accidents (the last punishment in 2010), the suspended sentence was imposed two times prior to the suspended sentence, the fact that the defendant agreed with the victim, and the circumstances of the accident shall be determined in consideration of the punishment;

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