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(영문) 춘천지방법원 원주지원 2014.02.06 2013고단833

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 19:50 on October 18, 2013, the Defendant: (a) driven a ready-light vehicle under the influence of alcohol content of approximately 0.240% in a section of about 200 meters, from the day front of the mutually influence vehicle in the original city-free dong to the front road of the same phase-dong.

2. The defendant is a person who is engaged in the driver's duty of recreation vehicle C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 18, 2013, the Defendant driven the above vehicle at around 19:50 on the 19:50th day of the driving of the vehicle, and driving the cream road from the NA branch to be beer, the Defendant suffered from the victim F (50 years old), who was driven by D (50) due to occupational negligence that did not accurately operate the steering direction and brake devices while normal driving is difficult due to influence of drinking, the front part of the Ebea cruise vehicle driven by D (50 years old) which was driven by the driver, was driven by the front part of the left side of the vehicle of the Defendant, and was driven by the victim F (50 years old) who was driven by the said Bbea crick vehicle for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on detection of a host driver (No. 22 No. 5 of the evidence list);

1. A report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

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

1. Aggravation of concurrent crimes within the scope of the sum of the punishment prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes and the long-term punishment of two crimes above the punishment prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment: Provided, That the lowest sentence shall be determined by the punishment prescribed for the violation of the Road Traffic Act;