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(영문) 수원지방법원 성남지원 2013.10.17 2013고단1849
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 17:10 on July 26, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) driven a motor vehicle with blood alcohol concentration of 0.238% under the influence of alcohol, and driving a motor vehicle of Category C in front of the long-distance distance in front of the road in front of the right-hand road in the right-hand side in the right-hand side of the Sungnam City, by driving the motor vehicle of Category C in the condition that it is difficult to drive the motor vehicle normally due to influence of alcohol while under the influence of alcohol, and driving one-lane of the four-lane road in front of the right-hand side of the road in front of the right-hand side of the road in front of the right-hand side of the road in the right-hand side of the road in front of the road in front of the road in front of the road in front, while neglecting the duty of the right-hand side in front of the motor vehicle.

As above, the Defendant driving the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim F, such as salt, tension, etc. in need of treatment for about two weeks.

2. The Defendant has driven the above cargo while under the influence of alcohol by 0.238% at a time and place such as Paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of each traffic accident;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. There is no record of the same kind of crime under Article 62(1) of the Criminal Code; and

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