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(영문) 수원지방법원 안양지원 2013.09.05 2013고단690
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 becomes final and conclusive.

Reasons

Punishment of the crime

On February 26, 2013, at around 02:10, the Defendant driven a chip car with a blood alcohol concentration of 0.135%, while under the influence of alcohol, and continued to drive the chip car at a point of 114 km away from the outer cycle of the outer cycle Highway at Annyang-gu, Annyang-gu, Annyang-gu.

However, there is a duty of care to operate safely according to the direction of progress, since there is a road that proceeds from the screen in Incheon.

Nevertheless, under the above alcohol, the Defendant discovered the above car from the Defendant’s driver who driven in the direction of normal progress according to the fault driven while driving in a state where normal driving is difficult, and came to the front part of the car from the Defendant’s driving at the right side of the car from the Defendant’s driver, and then, the part of the driver’s driving in front of the victim’s driving (54 years old) who driven following the following behind the said car from the Plaintiff’s driver’s vehicle in front of the Defendant’s driving. The Defendant suffered approximately 3 weeks from the Defendant’s driver’s front part of the car from the Defendant’s driver’s driver’s vehicle, and suffered from the Defendant’s driver’s (51 years old) who is the passenger of the vehicle with the wind, the wind, the tension and the tension to the Defendant’s driver, and suffered about 12 weeks from the right-hand gake.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and E prepared;

1. A traffic accident report (1) (2) and a report on the control of drinking driving, inquiry into the results of the control of drinking driving, and the report on the situation of drinking driving

1. Application of Acts and subordinate statutes of each written diagnosis;

1. 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 with prison labor for each crime;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E with the largest punishment and punishment for concurrent crimes (the crime resulting from the injury resulting from a dangerous driving)

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