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(영문) 수원지방법원 안양지원 2013.08.07 2013고단601
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. On May 30, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) committed an act of neglecting his/her duty of front-time driving in a situation where normal driving is difficult due to the influence of alcohol, while driving a car of CSp in the influence of alcohol concentration of 0.164%, and driving a car of CSpp in the direction of CSp in the direction of the Mangyang-gu in the Mangnyang-gu in the Mangnan-gu in the Mangnan-gu in the Mangnan-gu in the Mangnan-gu in the Mangnan-gu in the Mangnan-gu in the Mangnan-gu in the Mangnan-gu.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. Around 04:10 on May 30, 2013, the Defendant driven a CP motor vehicle under the influence of alcohol level of about 0.164% without a motor vehicle driver’s license within a section of approximately one kilometer from around the restaurant located in the inner-gu of the Manyang-si to the intersection of the Gu Library, which is located in the same inner-six dong from around 1 kilometer-si to the intersection of the Gu Library, which is located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on detection of drinking drivers, reports on the results of crackdown on drinking driving, and circumstantial statements of drinking drivers;

1. The driver's license ledger and medical certificate;

1. Application of related Acts and subordinate statutes;

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 (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;

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. Article 62 of the Criminal Act:

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