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(영문) 수원지방법원 안양지원 2016.08.12 2016고단903
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

1. On May 3, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger) was under the influence of 0.154% of alcohol while driving a FNA-type car in the direction of safe flow from the front of the city of Ansan-gu D and E on the road in Ansan-si D and the front of E, and was under the influence of 0.154% of alcohol while driving a FNA-type car in the direction of safe flow from the front of the light protection area, and was under the influence of the two-lane speed in the direction of safe flow. The Defendant was under the influence of the victim G (64 years old) driving the HF-type car in the front of the signal at the front of the road of the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light dump, tension, etc. in need of approximately two weeks of treatment.

2. On the date and time set forth in the above paragraph 1, Defendant 1 driven the above NAS car under the influence of alcohol content 0.154% at a distance of about 10km from the flusium located in the water king at Singu, Annyang-si D and the front road at Annyang-si, Annyang-si, Annyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reporting of a traffic accident (1) (2);

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act to attend a lecture [the scope of the sentencing guidelines] - Type 1 (Bodily Injury resulting from Traffic Accidents) basic area (from April to one year) - Special mitigation (a special mitigation) for a person: In cases of a person who is not subject to punishment or a person driving under drinking, etc. [Pronouncement of sentence] - In cases of a traffic accident while driving under unfavorable conditions: The defendant's negligence is the occurrence of a traffic accident while driving under drinking, and the amount of alcohol concentration in blood is not high.

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