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(영문) 수원지방법원 안산지원 2013.05.14 2013고단603
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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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

The defendant is a person who is engaged in driving a vehicle B at low price.

On March 7, 2013, at around 00:46, the Defendant driven the said low-est car under the influence of 0.142% of blood alcohol concentration, and proceeded from the direction of Ansan to the front distance of the 1862 East apartment at Silung-si, Silung-si, Silung-si.

The Defendant, while under the influence of alcohol, was driving in a state of falling short of judgment and net power, was found to be late after and failed to properly operate the D-A-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

As a result, the Defendant driven a motor vehicle while under the influence of alcohol, and driven a motor vehicle while it is difficult to drive it normally due to the influence of alcohol, and suffered an injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Each written diagnosis;

1. The actual condition survey report;

1. A traffic accident report, a circumstantial report on the driver, and a report on the detection of the driver;

1. Application of Acts and subordinate statutes to photographs on the scene of an accident, vehicle diagnostic reports, and body autopsy reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

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 fact that the defendant is against the reason of sentencing in Article 62-2 of the Criminal Act, and the fact that the person ordered to provide community service and attend lectures is covered by automobile comprehensive insurance.

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