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(영문) 수원지방법원 성남지원 2013.04.12 2013고단249
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 2, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. caused by Dalgalglass) (hereinafter “Dalglass balglass”), while driving a balglass 2 Balglass in Gwangju City, driving one lane in front of the “balglass balglass balglass balglass balglass” located in Gwangju City, and driving one lane in front of the “balglass balglass balglass balglass balglass balglass in front of the said balglass falglass, leading the victim E (63 years old) who driven the central line in front of

2. On December 2, 2012, the Defendant: (a) driven the said cargo while under the influence of alcohol at around 19:25, the blood alcohol concentration of 0.160%; and (b) operated approximately 500 meters from the restaurant of “topbridge” located at the Dan-si, Gwangju Metropolitan City, to the place of the accident under the said paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (within the scope of adding up the long-term punishments of the above two crimes)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [decision of a sentence] Mitigation of traffic accidents [Special Aggravation of Punishment]: Driving [Scope of Recommendation] from August to January 6 [Decision of Punishment], the Defendant reflects against himself and agrees with his bereaved family members, and the character, character, age, and age of the Defendant.

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