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(영문) 의정부지방법원 2014.04.25 2013고단4640

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:30 on November 9, 2013, the Defendant driven a Crano-car with a blood alcohol concentration of 0.149%, and continued to drive the Crano-car with a one-lane road of 561 in front of Cheongnam-ri, Cheongyang-ri, Cheongyang-si at the southyang-si.

At the time, the Defendant, under the influence of alcohol, was unable to engage in normal physical manipulation and accident, such as the breathing and suppression of the face, and the walking state was in a state that does not have a normal physical manipulation and accident.

Nevertheless, the Defendant, while driving a vehicle in the above condition, did not regard a steel structure installed on the side of the first-lane delivery road, and did not conflict with the above structure in front of the above vehicle.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as large beer and beer, which requires approximately 6 months of medical treatment to the victim D (year 50) who is the passenger.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. A medical certificate (D);

1. Application of Acts and subordinate statutes to medical statements (whether serious injury is involved);

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

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 scope of final sentence for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing: The scope of punishment recommended by sentencing guidelines from January to June: Imprisonment with labor for the period from January to June; where the type of injury resulting from a traffic accident in the standards of general traffic accidents among the traffic crime group [special-purpose persons] aggravated factors: Where illegality in the proviso to Article 3(2) of the School Specialized Act is serious, the mitigated element shall also be the victim;