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(영문) 수원지방법원 2016.07.20 2016고단2302
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B, Grandroth.

On April 18, 2016, the Defendant driven the above mar while under the influence of alcohol 0.181% during blood transfusions, and led to the two-lane road, in front of the two-wing local park located in the 109-14 heading Eup in the epoch of the epoch of the epoch of the epoch in the epoch of the epoch of the epoch of the epoch of the epoch of the epoch.

At that time, the driver of the motor vehicle had a duty of care to look at the front side of the motor vehicle and to prevent the accident in advance by accurately manipulating the brake system for the driver of the motor vehicle, because the driver of the motor vehicle was stopped in order to avoid abnormals on the road by the victim C(W, 63 years old) and the driver of the motor vehicle was on the road.

Nevertheless, under the influence of alcohol, the Defendant was unable to see the front door, and the front part of the passenger car driven by the Defendant was followed by the driver.

After all, the Defendant, as seen above, driven the Grand Sheet under the influence of alcohol that is difficult to drive normally, and suffered from the injury of the Defendant, such as light salt, for about two weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 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;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommending sentence] of the Criminal Act, the basic area (the injury caused by traffic accidents) of the type of ordinary traffic accidents.

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