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(영문) 수원지방법원 평택지원 2015.12.17 2015고단1696
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On August 2, 2015, the Defendant: (a) was a person engaged in the operation of a B B B B BS cruise car; (b) driven the said car while under the influence of 0.177% alcohol concentration on August 23:40, 2015; and (c) made the private distance of two-lanes in front of the church No. 95-ro 21 in Pyeongtaek-si stability f.o.b., turn to the left from the right side of the Defendant’s right side. Since the vehicle was an intersection in which the yellow flash light, etc. is operating, the Defendant was under the duty of care to safely drive the vehicle and prevent the accident by driving the vehicle while driving the vehicle in a safe way while under the influence of alcohol, but the Defendant received the left turn to the left side of the said intersection from the f.e., the victim C(55 years old) driven by the f. D or the right side of the taxi in front of the Defendant’s left side.

As a result, the Defendant suffered injury to cage cage cage cage cage and tensions that require approximately two weeks of medical treatment due to the above occupational negligence in the situation where normal driving is difficult due to influence of drinking, and at the same time, damaged the above 4,256,142 cage cage cage cages by exchanging the front cages.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment;

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

5. Suspension of execution under Article 62(1) of the Criminal Act;

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