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(영문) 수원지방법원 여주지원 2013.03.22 2013고단59
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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) is a person driving a B-learning passenger car

On December 21, 2012, at around 01:40, the Defendant driven the said vehicle in a state where normal driving is difficult due to influence of alcohol that reaches 0.203% of blood alcohol level, and caused the Defendant’s injury, such as cerebral wave, etc., to the victim, who was under a stop under the influence of alcohol due to the Defendant’s failure to properly operate the steering and steering devices, while driving the said vehicle at a speed of about 20km from the right edge to the head of the Si/SK Hawonriri in the direction of the drive in the middle of the train in order to ensure that the Defendant was unable to give approximately two weeks medical treatment to the victim.

2. On the date and time set forth in paragraph (1), the Defendant driven the said vehicle without a driver’s license in a state of under the influence of alcohol concentration of about 0.203% from a public parking lot located in the ASEAN-Eup, Young-si, Gyeonggi-do, to the roads in front of the oil station at the 100m section from the 100m section from the 100m section to the 0.203% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on proper launch of drivers, and the register of driver's licenses;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of unlicensed driving) shall be more severe;

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