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(영문) 수원지방법원 평택지원 2015.03.05 2015고단80
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2014, the Defendant was under the influence of 0.198% of blood alcohol level 0.21:35, while driving a rocketing car and operating it at the same time at the same time, the Defendant was under the influence of drinking at the same time, and the Defendant was under the influence of drinking at the same time, and the Defendant was under the influence of drinking at the same time, and the Defendant was under the influence of drinking at the same time, and the Defendant was under the duty of care to drive the car safely pursuant to the new subparagraph by driving the said siren at the same time. Therefore, the Defendant was under the duty of care to reduce speed, and even if he was under the duty of care to drive safely pursuant to the previous subparagraph, the Defendant was under the influence of drinking at the same time by driving the said siren on the back part of the victim C (44 years old) who was under the influence of drinking at the front of the said string.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, a traffic accident occurrence report, an accident site photograph, an accident site photograph, a master driver report, and a medical certificate;

1. Relevant Article 5-11 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 for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case where the victim of the accident was injured while driving under the influence of alcohol for the reason of sentencing in Article 62-2 of the Criminal Act is not good. However, the defendant's confession during the crime, the fact that the defendant is divided, the degree of injury is not serious, the defendant's vehicle will not drive under the influence of alcohol again, and the vehicle is covered by a comprehensive insurance.

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