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(영문) 수원지방법원 안산지원 2016.06.28 2016고단1662
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 08:20 on April 5, 2016, the Defendant driven a B-5 car under the influence of alcohol concentration of approximately 0.246% from the section of approximately 2km of alcohol during blood, from the upper end of the public parking lot located in Ansan-si to the upper end of the Hasan-dong Hasan-dong Hasan-dong Hasan-dong Hasan-dong Hasan-dong Hasan-dong Hasan-si.

2. The Defendant is a person who is engaged in driving a car BK5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On April 5, 2016, the Defendant driven the foregoing vehicle under the influence of alcohol content of 0.246% in alcohol during blood transfusion, and suffered from the victim C (WW driving 46 years old) waiting in the direction of 20km in the city of Ansan-si, Ansan-si, Gonam-gu, Seoul-si, on the surface of the Ansan Culture and Arts Hall located in the center of the city of Ansan-do, at a speed of 20km in the city of Ansan-do, while driving the said vehicle at a speed of 20km in the center of Ansan Culture and Arts. The Defendant sustained the part of the backer of the victim C (WW driving 46 years old) waiting in the direction of the head of the above vehicle of the Defendant for about two weeks, and suffered from the injury, such as catum catum, tension, etc. in the front part of the above vehicle of the Defendant, like the damaged vehicle, for approximately two weeks.

Accordingly, the defendant was driving the above vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. The main sentence of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving) and the main sentence of Articles 148-2 and 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria.

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