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(영문) 수원지방법원 안산지원 2014.07.17 2014고단1094
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On April 16, 2014, the Defendant, without obtaining a driver’s license at around 09:10 on April 16, 2014, while under the influence of 0.111% of blood alcohol concentration, the Defendant driven a car of 520 in the state where normal driving is difficult due to its influence, and caused the victim C&520 to take the right side and the victim (the victim 25 years old) who was on the right side of the car at the above intersection, without accurately operating the brake system at about 20 km per hour without accurately examining the left and right side, and without accurately operating the brake system at 10 minutes prior to the above SM 520 vehicle. The Defendant caused the victim and the victim (the victim 25 years old) who was on board the said car to suffer from the treatment of the two e.g., the victim and the victim (the victim 25 years old e., the e., the e., the e., the aforementioned e., the aforementioned vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Each written diagnosis;

1. Application of traffic accident reports, traffic accident reports, accident photographs, accident-taking driver's situation reports, ju-employed driver's report, output report, driver's license ledger, accident video-related Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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 reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. was five times the criminal records of violation of the Road Traffic Act, including drinking or unlicensed driving.

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