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(영문) 수원지방법원 안양지원 2015.04.23 2014고단1739
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 October 28, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) received from the front part of D Poter's D Poter's D Poter's vehicle that was driven by the Defendant at a 0.128% alcohol level, and suffered from the injury that requires a medical treatment for about three days for the victim due to its shock, as it was caused by occupational negligence, when the Defendant neglected to stop at the front part of the D Poter's vehicle in the front part of the D Poter's vehicle, which was driven by the Defendant, while driving the 0.128% of alcohol level.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without obtaining a temporary driving license in the same manner as that set forth in the preceding paragraph, driving of a vehicle described in the preceding paragraph at approximately 20 km from the Orado in the Sindo, Sinung-si, Sinung-si to the place of the accident set forth in the preceding paragraph, while under the influence of 0.128% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a traffic accident report;

1. On-site photographs, dives photographs, and damaged vehicle photographs;

1. A report on detection of a drinking driver, a report on the results of the control of drinking driving, and a report on the situation of drinking driving;

1. A certificate of origin;

1. Application of the statutes on the register of driver's licenses;

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, subparagraph 1 of Article 152 and Article 43 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. The Criminal Act, the suspension of execution;

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