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(영문) 수원지방법원 안양지원 2016.10.18 2016고단976
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

1. Around 02:25 on May 12, 2016, the Defendant driven a B-D car at the 4km section from the front of the 533rd credit distance to the front of the 1280000000000000, in a safe state of alcohol with the blood alcohol concentration of 0.264%, and at the same time, the Defendant driven a B-D car at the 4km section from the front of the 533rd credit distance to the front of the 1280000000000000000

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of 02:25 on December 12, 2016, when he was under the influence of 0.264% of blood alcohol level on the road in front of the 128 Mangnan-gu Mangn-gu Mangnan-gu Mangnan-si in the Mangnan-gu in the Mangnan-gu in the Mangnan-gu in the Mangnan-gu in the Mangnan-gu in the Mangnan-gu in the Mangnan-gu in the 128 Mangnan-gu in the Mangnban-gu in the Ugnban-gu in the Ugnban-gu in the non-speed speed of the damaged vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to vehicle photographs and diagnostic certificates related to accidents;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommendations based on sentencing guidelines] - General traffic accidents.

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