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(영문) 수원지방법원 안산지원 2016.03.16 2016고단254
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around 21:55 on January 7, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused before the risk) driven the volume of the vehicle in Grandland B, and led the Defendant to proceed at the speed of about 20 km along the median distance between the luminous south and the luminous south of the luminous metropolitan area at the center of the ebbbbs apartment at the ebbs of the ebs apartment at the center.

The Defendant, while under the influence of alcohol content 0.14%, driven the above vehicle while in blood and proceeded to the left at the left in violation of the new line of the said crossing, received the front part of the victim C’s vehicle in front of the vehicle in front of the Defendant’s vehicle, which was straighted in accordance with the vehicle’s passage signals.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, resulting in the injury of the victim, such as light fluoral salt, which requires a three-day medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving a B Grand-Pon vehicle under the influence of alcohol content of about 0.14% in a section of approximately 1.5km from the front of the luminous luminous Lighting-dong to the intersection of the luminous south of the luminous Lighting-dong in light at the time of the day specified in paragraph (1) of this Article.

Summary of Evidence

1. The defendant's statement in court; 1. The investigation report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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 (not including the same and similar criminal records to the defendant, but the confession and reflect of the defendant, the degree of injury to the victim is not severe, and the vehicle of the defendant is covered by the comprehensive motor vehicle insurance.

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