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(영문) 수원지방법원 성남지원 2015.10.29 2015고단1967
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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. The defendant is a person engaged in driving freight trucking from B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On July 24, 2015, the Defendant driven the above cargo while under the influence of alcohol of 0.264% with blood alcohol concentration 0.264% on July 24, 2015, and did not properly see the front section of the road in front of Seongdong-gu, Sungnam-si, Seoul from the opposite original market to the short-distance flood slope, and did not properly operate the speed system and brakes in the front section due to occupational negligence, which caused the victim D's failure to properly operate the speed system, brakes, etc. in the front section, and received the panion in front of the above cargo.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol which is difficult to drive normally, and caused the victim F, who is the knife knife knife knife knife knife knife knife knife knife F, etc.

2. The Defendant was under the influence of alcohol with a blood alcohol content of 0.264% at the same time as that of the preceding paragraph, and was driving a vehicle above the 500-meter section above the H road located in Seongdong-gu G in Sungnam-gu, Sungnam-gu, G with approximately 500 meters prior to the first road.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared D and F;

1. Each injury diagnosis letter;

1. A traffic accident report and on-site photographs;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime concerned; and

1. Selection of imprisonment with prison labor for commercial competition;

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. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] reflects the basic area (four to ten months) of the first category of traffic accident (the injury caused by traffic accident) [the decision of sentence] (the decision of sentence].

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