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(영문) 수원지방법원 성남지원 2015.04.09 2015고단150
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 19:20 on December 18, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Death or Injury caused by Drawom), while driving Category B rocketing car with a view to having a normal operation difficult due to the influence of alcohol concentration of 0.281% on the part of the Defendant’s vehicle, and driving ahead of 95-8 of the Magi-dong Magi-dong Magi-dong Magi-dong on the part of the Magi-dong Magi-dong Magi-dong Magi-dong in South For the long time from the South Korean mountain bank, due to the negligence of neglecting the obligation of the victim C (5 years old) who is travelling in the front bank due to the influence of alcohol, caused the victim’s vehicle behind the car at the front part of the Defendant’s vehicle, and by taking about about two weeks in the part

2. The Defendant was driving a motor vehicle described in paragraph (1) while under the influence of alcohol with a blood alcohol concentration of about 0.281% at the 1km section of approximately 1k from the 151 to the place described in paragraphs (1) at Sungnam-si, Sungnam-si, Yangnam-dong at around the same time as Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the reporting on detection of drivers, the circumstantial statement of drivers, and the reporting on appraisal requests;

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving) and the choice of imprisonment

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the above two crimes) to concurrent crimes with the punishment determined by the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, shall govern: Provided, That the lower limit of the punishment prescribed by the Road Traffic Act shall govern);

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

1. Article 62 (1) of the Criminal Act (Consideration of comprehensive insurance coverage, reflectivity, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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