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(영문) 수원지방법원 2016.07.21 2016고단1845
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 a car in the B SP area.

On April 6, 2016, the Defendant driven the said car under the influence of alcohol concentration of 0.157% during blood transfusions on April 23:25, 2016, and driven the front side of Maart, which is in front of the Osan City, to the water source from the right side of the Plsan City.

At the time, there were nights, and there was an intersection where signal lights are installed in the front section, so there was a duty of care to safely drive on the front section and the right of the driver.

The defendant was unable to drive normally at the front of the defendant while under the influence of alcohol as above, and the back portion of the D S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victims, such as salt, tension, etc. in need of two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to E and C;

1. A written notification of the results of regulating the driving of drinking alcohol and an output;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for the above two crimes, however, the lower limit shall be that of the punishment determined for the crimes of violation of traffic laws on roads;

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

1. Order to attend lectures under the Criminal Act;

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