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(영문) 수원지방법원 성남지원 2020.02.05 2019고단2841
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 July 21, 2019, at around 19:04, the Defendant: (a) driven a Cran vehicle with one-lane between two-lanes in front of Sungnam-gu Seoul Special Metropolitan City, which is difficult to drive normally under the influence of alcohol by 0.274%; and (b) proceeds from the direction E in the direction D, the Defendant continued to use the front part of the said vehicle as a part of the Gpoter II, which was driven by the Victim F while waiting at the front part of the vehicle, while driving in the direction E in the direction. The Defendant continued to receive the rear part of the victim H which was traveling in the direction at the front part; (b) the said cargo lane got the victim F to receive the rear part of the 19:04 alcohol content; (c) the victim’s tension, tension, tension, tension, tension and tension between the victim and the tension; (d) the victim’s tension and tension in treatment of the tension and tension during the front part; (c) the victim’s tension and tension.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

1. A traffic accident report;

1. Each written diagnosis;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes on a request for appraisal and a request for appraisal;

1. The punishment provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

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

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

1. The fact that an agreement is reached with the victims of reasons for sentencing under Article 62(1) of the Criminal Act, the degree of injury, criminal records, drinking water, and reflects the criminal defendant's age, occupation, character and conduct, family relationship.

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