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(영문) 수원지방법원 2015.04.30 2015고단679
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

The Defendant is a person engaging in driving a BMW car.

On February 3, 2015, the Defendant driven the above BMW car with the alcohol concentration of 0.196% under the influence of alcohol on February 3, 2015, and proceeded in three lanes in the direction of the distance of transfer from the distance of transfer construction to the distance of transfer construction to the office of Dongwon, which is in the hands-on operation of Suwon-gu, Suwon-si.

There is a place where delivery and telegraph is installed on the right side of the road, and the defendant was driven while under the influence of alcohol while driving it is difficult, and the street trees and telegraph poles in the right side due to the negligence of not properly operating the operation of the operation and steering system, and received the front part of the BMW car.

As a result, the defendant suffered from injury to the victim C(28 years of age) who had been the chief of the BMW car due to the injury of cerebral cerebral cerebral typ that requires treatment for about three months.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Relevant photographs;

1. Application of Acts and subordinate statutes of 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, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving)]

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommendation] is presented as the case where the basic area (including special mitigation) (4-10 months) (including special mitigation) / In a case where illegality in the proviso of Article 3(2) of the Special Education Act is emphasized (the decision of sentence]. The above special mitigation (aggravated mitigation) is presented.

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