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(영문) 수원지방법원 안산지원 2016.08.31 2016고단2857
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Criminal facts

The defendant was punished by a violation of road traffic law in the Suwon District Court's Ansan Branch's Ansan Branch's Support, a fine of 1 million won on June 18, 2008, and a fine of 2.5 million won on December 5, 201.

On July 16, 2016, the Defendant: (a) 22:39, on the 5th side of the Hasan-si, Ansan-si, a member B commercial building, was under the influence of at least 0.246% of alcohol during blood while driving the C-learning car in a state of difficulty in normal driving due to the influence of at least 0.246% of alcohol during blood, and was under the influence of driving the C-learning car while driving the vehicle, and was in the course of driving the vehicle in the workplace and in the course of driving the vehicle, the Defendant sustained each injury, such as a Rast or the back part of the D driving Do, which was under the influence of the Defendant’s vehicle in front of the direction of the mast, by taking the part of the driver’s vehicle in front of the Defendant’s vehicle in front of the mast-si, and caused the victim D to the extent that the victim F was under the influence of the said vehicle in need of approximately 2 weeks treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

1. Each written diagnosis;

1. Notification of the results of regulating drinking driving;

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Traffic Act and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of a dangerous motor vehicle) of the relevant Act;

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

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (2) of the Act on the Suspension of Execution (Article 62 (2) shall be taken into consideration, such as the fact that the defendant is led to confession and reflect by the defendant, the vehicle of the defendant is covered by

1. Article 62-2 of the Criminal Act for community service and order to attend lectures.

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