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(영문) 수원지방법원 안산지원 2014.01.08 2013고단2825
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

The defendant is a person who is engaged in driving a B-hand vehicle.

On July 7, 2013, the Defendant, without a driver’s license around 04:50 on July 7, 2013, while under the influence of alcohol by 0.132%, was driving a motor vehicle with the highest influence of 0.132% of blood alcohol level in Ansan-si, Asan-si, 595-2, driving a motor vehicle with the highest influence of the 595-2 new knick-do, leading to driving from the

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where he/she is unable to drive a motor vehicle normally under the influence of alcohol, and has a duty of care to prevent accidents in advance by safely reporting the traffic situation.

Nevertheless, the Defendant received the back portion of the Dt XG car driven by the victim C due to the impossibility of normal judgment due to alcohol, from the front portion of the said passenger car, and suffered about two weeks of medical treatment for the victim.

Accordingly, the defendant, without a driver's license, driven a motor vehicle while under the influence of alcohol, and led to the injury of a person by driving a motor vehicle while normal driving is difficult due to influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Each photograph;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. The crimes under Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license) and the crimes of violation of the Road Traffic Act with heavier punishment (the crimes of running sound); and

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