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(영문) 수원지방법원 안산지원 2015.07.23 2015고단1510
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. Around 03:50 on March 19, 2015, the Defendant driven B K3 cars under the influence of alcohol with a blood alcohol concentration of about 0.21% at the distance of about 20km from the front of a restaurant where the trade name of the source of galtho road located in the Suwon-gu Suwon-si, Suwon-si, Suwon-si, is unknown, to the point of approximately 9.7 km away from the Do in front of the restaurant where the trade name of the source of galtho road is unknown.

2. On March 19, 2015, the Defendant: (a) driven the said K3 car under the influence of alcohol level of 0.221% at around 03:50 on March 19, 2015; (b) driven the said K3 car at a 0.221% alcohol level; (c) driven the four-lane road at a point of 9.7 km in the direction of the Seoul outside Metropolitan City Highway, which is located in the city of Heung-dong at the city of Heung-dong, along the two-lane in the direction of the city of Heung-dong; (d) driven the four-lane road at the direction of the city of Heung-dong; and (e) was driven by the Defendant’s back part of the DaMati2 Stbus fol vehicle that was driven by the victim C (year 4

As a result, the Defendant driven the above K3 car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from the injury of the Defendant’s salt and tensions that require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of the Acts and subordinate statutes described in the report on traffic accidents, the report on actual condition of the driver concerned, the circumstantial report on the driver concerned, the medical certificate and the written appraisal;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and choice of imprisonment for each sentence;

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

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

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

1. An order to attend a lecture or an order to provide community service, the term of recommendation and punishment for sentencing under Article 62-2 of the Criminal Act, shall be type 1 of general traffic accidents

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