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(영문) 의정부지방법원 2013.11.12 2013고단3077

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 of the final judgment.

Reasons

Punishment of the crime

At around 02:50 on July 20, 2013, the Defendant: (a) was a person engaged in driving of a alp-to-car; (b) while driving the said vehicle on the two-way side while under the influence of alcohol at a normal driving rate of 0.145% and making it difficult for the Defendant to drive the vehicle under the influence of alcohol; (c) in such a case, a person engaged in driving service shall not drive the vehicle under the influence of alcohol; and (d) the person engaged in driving service shall not drive the vehicle under the influence of alcohol; and (e) have an occupational duty to prevent the accident in advance by driving the vehicle under the influence of alcohol, such as making a good report on the front side and the traffic situation, and accurately manipulating the steering gear, and installed to mark the center line boundary due to occupational negligence while under the influence of alcohol, the Defendant took care of the victim, who was under the influence of alcohol beyond the PE protective wall, and suffered from the victim’s full-time pulverization of the vehicle under the influence of 32.

Summary of Evidence

1. Defendant's legal statement;

1. Each written diagnosis;

1. A report on the status of a drinking driver, a report on the status of a drinking driver, and a report on the actual status of a drinking driver;

1. Application of Acts and subordinate statutes on site photographs;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the criminal facts as prescribed in the corresponding Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, the Act on Probation, etc., of orders to provide community service and attend lectures;