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(영문) 인천지방법원 2013.04.25 2012고단8137

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant is a person who is engaged in driving of a Class B and Class III cargo.

On July 4, 2012, at around 22:25, the Defendant: (a) driven the said vehicle without obtaining a driver’s license while under the influence of alcohol of 0.179%; and (b) driven the said vehicle on the road near the repair service distance in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, which is located in the 535-gu, Yeonsu-gu, Yeonsu-gu, Incheon, with the front part of the victim C Driving D-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A

This shock caused the victim to suffer bodily injury, such as climatic and climatic salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article applicable to criminal facts;

(a) Injury caused by dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

(c) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of Commercial Concurrent Crimes. Article 40 (Punishment of Punishment on Violation of the Road Traffic Act concerning Crimes of Violation of the Road Traffic Act between the crimes of violation of each Road Traffic Act and Punishment on Crimes of Violation

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes. Article 50 (Aggravation of concurrent crimes within the scope of adding up the maximum term of two crimes with respect to the punishment determined for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes heavier than the penalty, but the minimum

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of gross damage, etc.);