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(영문) 수원지방법원 안양지원 2016.08.09 2016고단691
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Belgium car.

On April 16, 2016, the Defendant driven the said car with a alcohol content of 0.150% 0.150% in blood around 22:05 and continued the three-lane roads in front of C apartment C, 605 in front of the Home P, along with three-lanes from the Home P, to the Do Sports Center.

At the time, there is a crosswalk at which signal lights are installed at night and at the front door, so there was a duty of care to check whether a person engaged in driving duty is a person to see the front door well and to drive safely according to the new code.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting and proceeding with a stop signal, and the Defendant was able to receive the left knee part of the victim D (Seeeeeee, 41) who dried the crosswalk in accordance with the pedestrian signals, as the front part of the Defendant’s car.

As a result, the Defendant suffered knee knee knee knee knee knee kne kne kne kne knee kne kne.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. Application of statutes on site photographs and diagnostic certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommendations according to sentencing guidelines] - Type 1 (Bodily Injury resulting from Traffic Accidents) in the basic area (from April to one year) - Special mitigation (increased) in general traffic accidents: Insignificant.

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