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(영문) 수원지방법원 2015.04.30 2014고단2625
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On January 22, 2010, the Defendant issued a summary order of two million won to a fine for a violation of the Road Traffic Act at the Suwon District Court on January 22, 201, and on January 8, 2010, the Defendant had the record of violating Article 44(1) of the Road Traffic Act, such as being issued a summary order of 1.5 million won for the same crime by the same court.

At around 13:50 on May 7, 2014, the Defendant driven a 2nd class 3 truck with blood alcohol concentration of 0.212%, and driving into D from Madodo Corporation, the Defendant, while under the influence of alcohol, was driving the Madodo Road (hereinafter “Madodo Road”) the front side of the Defendant waiting for the signal at the front side of the Mado Road under the influence of normal driving difficulties. The Defendant, while driving the Mado Road under the influence of alcohol, was driving the Mado Road on the left side of the Mado Road while waiting for the signal at the front side of the Defendant, was driving the Mado Road on the left side of the Mado Road, while driving the Mado Road on the left side, was driving the Mado Road on the upper side of the Mado City Road with the upper side of the Mado 3 truck, the driver of the Mado Dodo Road.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. A medical certificate;

1. Previous convictions in judgment: Application of criminal records, reply statements, and Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence shall be applicable to concurrent crimes resulting from a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving which is heavier than the punishment];

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) of the suspended sentence is the basic area of the first category of traffic accidents (the injury caused by traffic accidents).

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