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(영문) 수원지방법원 평택지원 2016.07.21 2016고단941
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

On May 6, 2016, at around 11:10, the Defendant driven a DST3 car under the influence of alcohol concentration of 0.157% in blood on the front of the C Hospital located in Pyeongtaek-si B, and proceeded to turn to the left at the seat of C Hospital at the inner tide.

In this case, the driver of the vehicle had a duty of care to prevent the accident by accurately manipulating the steering and steering gear in accordance with the new code, and to prevent the accident.

Nevertheless, the Defendant neglected to drive a car under the influence of alcohol as above and proceeded to the left-hand turn from the left-hand side of the Defendant at the right-hand side of the Victim E (FF car No. 33 years old), which was driven by the Defendant’s negligence, and led to the front-hand part of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle under the influence of alcohol that is difficult to drive normally due to the said influence of alcohol, and suffered bodily injury, such as knee knee kne kne kne kne kne kne kne kne kne kne, kne kne kne kne kne, etc., which requires a two-day medical treatment to the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. E statements;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 suspended execution;

1. Determination on the application of sentencing guidelines for reasons of sentencing under Article 62-2 of the Criminal Act: the lower limit applies O sentencing guidelines.

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