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(영문) 수원지방법원 안산지원 2014.09.23 2014고단1665
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

The defendant is a person who is engaged in driving a low-speed car B.

On June 12, 2014, at around 05:05, the Defendant, while under the influence of alcohol at a 0.151% of blood alcohol concentration, driven the instant high-speed motor vehicle in the central station located at the high-speed of the members of Ansan-si, Ansan-si, and proceeded to the high-speed distance from the bus terminal, and came to the left to the left of the high-speed high school.

Notwithstanding the fact that the Defendant could not turn to the left because of influence of drinking, because of the fact that there is a left-hand turn and a sign prohibiting the left-hand turn is installed, the Defendant received the left-hand turn from the left-hand turn and suffered the erode and tension of the conjection requiring approximately two weeks medical treatment for the said victim.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol and sustained injury to the victim by driving a motor vehicle while it is difficult to drive it normally due to the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual survey report, traffic accident-related photographs, video recording devices, video recording CDs;

1. Report on driving a drinking driver, inquiry into the results of the control of drinking driving, and inquiry requests for appraisal;

1. Application of Acts and subordinate statutes to copies of general medical certificates;

1. Relevant 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 for a crime;

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. Probation and community service order Article 62-2 of the Criminal Act, even before the reason of sentencing, the record of punishment for drinking driving is twice again, but the signal is made in the state of second drinking.

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