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(영문) 수원지방법원 안양지원 2014.06.26 2014고단517
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a B-Epurd vehicle.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) appears to be a clerical error in the “50 years of age” in the victim C (the “51 years of age as indicated in the written indictment of 51) who entered the said intersection from six lanes to the said intersection, with the way that the said vehicle cannot drive normally due to influence of drinking at around 03:05, while driving the said vehicle, and driving the vehicle in the direction of the direction of the direction of the direction of the direction of the traffic distance from the direction of the direction of the traffic distance, depending on the five-lane road of the way that the said vehicle passes through the direction of the direction of the direction of the direction of the traffic distance in the safe-sea city during the safe-sea city. In addition, the victim C (the “51 years of age” as indicated in the written indictment of 50 years of age) who entered the said intersection from the said intersection to the said intersection, resulting in the injury of the victim during the daytime by taking the rear right of the driver.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle even at the place of accident, such as the preceding paragraph, in front of the Pyeongtaek-dong located in the Hayang-dong while at the same time while under the influence of alcohol at a level of 0.140% of alcohol level, such as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) (2);

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act shall drinking alcohol.

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