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(영문) 수원지방법원 안산지원 2014.11.05 2014고단1864
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

On June 8, 2014, at around 0.162% of blood alcohol concentration, the Defendant driven a vehicle between B and B in a state where normal driving is difficult due to influence of alcohol due to the influence of alcohol, while driving the vehicle at a one-lane of the two-lanes of the front letter C in Ansan-si, the Defendant: (a) driven the vehicle between B and B in a state where he was under the influence of alcohol; (b) while driving the vehicle at the front of the Dong Police Station in the front of the Dong Police Station, the Defendant got off the back of the victim D's E-ray, which was stopped for the signal in front of the said vehicle, and caused the victim to suffer injury, such as the cump fl and tension for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) and accident-related photographs;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts and the choice of punishment (or, respectively, choice of imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the damage is not very heavy, the fact that the defendant has no criminal records or criminal records of the same kind in the last ten years, and the fact that the defendant reflects on his/her gender, etc.);

1. Orders to provide community service and attend lectures: Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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