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(영문) 대구지방법원 김천지원 2013.04.04 2013고단152

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 December 6, 2012, 05:30, the Defendant: (a) while driving a B-low-scale car while under the influence of alcohol of 0.15% with a blood alcohol concentration of 0.15%; (b) driving the B-low-scale car from the front side of the Vastco in the U.S. U.S. Si, to the Gu-U.S. parallel; (c) neglecting the duty of b-oning in drinking conditions; and (d) neglecting the duty of b-oning in the front side of the U.S.; and (d) obtained the part of the victim C (39 years old) driving in the traffic signal from the same lane on the front side of the same lane due to negligence in the course of driving the vehicle.

Ultimately, the Defendant, while under the influence of alcohol, driven the said franchise-free car while driving a traffic accident, and caused the injury to the said C, such as fluoral salt, which requires approximately two weeks of medical treatment to the passenger E (the 32 years old), suffered injury to the victim E (the fluor) who is the passenger of the said car, by causing about eight weeks of medical treatment, such as the left-hand slorum salt, fluoralum, etc., and by causing about twenty-five days of medical treatment to the same victim F (the 36 years old).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. Request for appraisal, report on detection of a host driver (33 pages of investigation records);

1. Each medical certificate and each general medical certificate;

1. Application of the written estimate statutes;

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 Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of each sentence of imprisonment;

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;