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(영문) 수원지방법원 안양지원 2014.09.18 2014고단1134
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

1. On July 19, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) committed occupational negligence in which the victim C (5 years old) who temporarily stops in order to get passengers to board and alight at a speed not known to the military air on the surface of the military air at a four-lane road in front of the bus bus stops in the Yanyang-gu where it is difficult to drive a car normally due to influence of drinking on July 19, 2014, and caused the victim C (58 years old) to take measures such as salt and tension in need of a two-day medical treatment, the victim EF (51 years old) who was on board the bus, and the victim C (537 years old) who was in need of a two-day medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle at a section of about 1 km from the roads near the water market near the tin market in Gyeyang-gu to the place of accident described in paragraph (1), while under the influence of alcohol by 0.282% of the blood alcohol concentration in the temporary border as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in C and G preparation;

1. A traffic accident report (1) (2);

1. Notification of the results of the drinking driving control, the report on the state of the drinking driving, and the inquiry into the results of the drinking driving control;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on photographic and accident vehicles by cutting a black stuff image;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;

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