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(영문) 수원지방법원 2014.07.10 2014고단2583
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

On March 14, 2014, at around 01:00, the Defendant driven a EXE car while under the influence of alcohol of 0.134%, and driven the road on the Gyeong Highway in Busan in Osan-si, Osan-si to the water source from the Osan-si, while driving the road on the Gyeong Highway in the Osan-si, Osan-si, to the water source, while driving the vehicle on the Dari-ro of the victim C driving that was done in front of the victim C driving due to the occupational negligence that he could not safely drive.

As a result, the Defendant, while driving the above X-ray car in a situation where it is difficult to drive the car normally due to influence of drinking, suffered from the injury of the c, such as the catum salt, which requires approximately two weeks of medical treatment, and suffered from the injury of the catum salt, etc. which requires approximately three weeks of medical treatment to the victim E who was accompanied by the said ri-ray car.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts;

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;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act for community service and lecture attendance order shall be determined as follows: (a) there is no record of criminal punishment other than the fine imposed twice due to drinking driving; (b) the comprehensive motor vehicle insurance of this case; (c) the recommendation form on the injury resulting from the instant traffic accident (type 1 (type 1-1-6 months); (d) the aggravated area (type 1 (type 8-1-6 months); (e) the special person under special circumstances: the illegality in the proviso of Article 3(2) of the Special Education Act is heavy); (e) the defendant's age, character and conduct, and environment, etc.; and (e)

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