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(영문) 광주지방법원 2013.07.03 2013고단1770

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

On April 13, 2013, when the Defendant was under the influence of alcohol 03:05, the Defendant driven a two-day-wide-man car with a blood alcohol concentration of 0.103% and continued to drive the two-day-distance crossing of the front car in the Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, and made a left-hand turn at the surface of the coefficient shooting distance in violation of the signal in a state where it is difficult to drive normally due to influence of drinking, and caused the victim C driver's D driver's damage to the left-hand part of the Defendant's D driver's D taxi, who was under the influence of the upper line from the coefficient shooting distance to the flow of light shooting distance due to occupational negligence abutting on the center of the Defendant's vehicle, by shocking the part on the left side of the Defendant's vehicle with approximately two weeks of light shooting distance.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement C, E, and F;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 (2) 2 and Article 44 (1) of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes; Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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, Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest limit of the punishment for a violation of the Road Traffic Act shall be the minimum limit within the scope of the sum of the long-term punishments of two crimes, and the minimum limit of the punishment determined

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act provides that there is no criminal conviction or heavier than the suspended sentence after 199; Article 62 (1) shall apply

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;