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(영문) 수원지방법원 성남지원 2013.04.04 2013고단341
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving): (a) on December 29, 2012, the Defendant driven a B rocketing motor vehicle under the influence of drinking at around 02:30, while it is difficult to drive the motor vehicle normally; (b) on the part of the victim C (Seoul and 52 years old) driving the victim's right side part of the 5-day taxi driving in the same direction as that of the above 8-day passenger taxi driving, the Defendant took three-lanes from the 408-lane to the 3-lane 70km long from the 3-lane side of the 5-lane road in Sungnam-gu, Sungnam-si, to the 7-day side of the 5-day passenger taxi driving; (c) on the part of the victim C (the 52-day driver's length and the 5-day side part of the 5-day passenger taxi driving; and (c) on the other 3-day side side of the 3-day passenger taxi.

2. Around 02:25 on the same day as the above paragraph (1) of the Road Traffic Act, the Defendant driving the said vehicle with a blood alcohol concentration of 0.128% at around 02:25 on the same day, and operated approximately 3 km to the place of the accident under the above paragraph (1) in front of the restaurant in which it is impossible to find out the trade name in the area of the powder-gu sperm at Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. G statements;

1. A traffic accident report;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning the crime committed.

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