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(영문) 대전지방법원 천안지원 2013.11.07 2013고단1120

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

1. Around 18:30 on July 7, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DMFW car) received two-lanes from the victim C driver’s front part of the said cargo vehicle to the front part of the said cargo vehicle, and suffered thalinosis, etc. requiring approximately two weeks medical treatment for the victim C and the said passenger E, respectively, while driving the franchi vehicle under the influence of alcohol concentration of 0.232 percent of alcohol in blood.

At the time, the Defendant, under the influence of alcohol, was bread by smelling, was unable to normally speak, the face color was red, and the distance of the insignia was in the state.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

2. Around 18:30 on July 7, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.232%, and the Defendant driven the said cargo at a three-km section of approximately three kilometers from the roads where the Simsan-si Simsan-si Simsan-si is located in the Chungcheongnamnam Budget Complex to the roads in front of the “Ysan-ri bus platform” located in the Simsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Twelve copies of a field photograph;

1. Application of Acts and subordinate statutes to each written diagnosis and report on investigation (teleline investigation);

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

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;