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(영문) 인천지방법원 부천지원 2013.04.18 2013고단268
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

On September 15, 2012, the Defendant: (a) was a person engaged in driving a rocketing motor vehicle; (b) was under the influence of alcohol by 0.152% at around 02:10 on September 15, 2012; (c) while driving the said motor vehicle in a state of difficulty in normal driving, and thus, (d) the Western oil station distance, which is in the west-gu, Sucheon-gu, Sincheon-gu, Sucheon-gu, Kimpo-si, was sent to the two-lanes, the Defendant was under the influence of driving the said motor vehicle, and (e) was under the influence of driving the motor vehicle on the two-lane, and (e) was under the influence of driving the motor vehicle, and (e) was under the influence of driving the motor vehicle, and (e) was under the influence of the victim, who was under the influence of the said motor vehicle, and (e) was under the influence of the victim, and (e) was under the influence of the victim, who was under the influence of the said motor vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. C police statement;

1. Application of Acts and subordinate statutes, such as a report on detection of, and a report on, a de facto driver, a report on the occurrence of a traffic accident, a report on a traffic accident, on-site photographs, and a comprehensive traffic accident analysis report;

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

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

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

1. Article 62 (1) of the Criminal Act;

1. The defendant's assertion of Article 62-2 of the Social Service Order Act is judged.

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