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(영문) 수원지방법원 안산지원 2016.05.13 2016고단972
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On March 25, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death prior to the Defendant’s front of the Defendant’s vehicle, following the Defendant’s front part of the victim’s vehicle in the front part of the victim’s vehicle in front of the 701 happy church located in a light-dong 701, in a state of alcohol of 0.125% in alcohol while driving the vehicle, and driving the vehicle at a two-lane speed from the riverside of the river in the mouth of the river, and driving the vehicle at a two-lane speed from the riverside of the river in the mouth of the river in the direction of the Defendant, while driving the vehicle at a two-lane speed from the riverside of the victim’s vehicle in front of the Defendant’s front part of the vehicle in front of the victim’s vehicle in need of treatment for about two weeks, and suffered injury, such as erograting and erogating tension.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) in the section of approximately 300 meters of alcohol content in a section of approximately 0.125% of alcohol content in the blood while under the influence of alcohol at the front of the church, which is located in the lux apartment commercial parking lot located in the luxan-dong, Haban-dong, Haban-dong at the time of the day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement making a statement on the circumstances of driving a alcoholic beverage and a drinking-measurement;

1. Medical certificate (C);

1. Application of Acts and subordinate statutes governing photographs of damaged vehicles;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving), and each choice of imprisonment with prison labor;

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. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code (Article 62(1) of the Criminal Code provides that the defendant is led to confession and reflected by him/her, that the defendant has agreed with the victim, and that the defendant has no other criminal records except for one time before the above fine

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