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(영문) 의정부지방법원 2014.03.07 2013고단4374

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 November 24, 2013, the Defendant driving a car in column B in the state of under the influence of alcohol of 0.183% with a blood alcohol concentration of 0.183% from a section of about 2km from the front side of the Ganandong apartment located in the Pando-Eup, Yangju-si, to the welfare ginseng distance located in the same Eup/Myeon.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DV or car driving) was a person who is engaged in driving a car in B Corland. On November 24, 2013, the Defendant suffered from the Defendant’s injury to the victim (the victim, the 63rd and the 3rd and the 3rd) who was driving a car by driving the said car on the back of C in the condition that it is difficult to drive the car normally due to the influence of drinking due to the influence of drinking, as described in paragraph (1) of the same Article, on November 24, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and C;

1. Report on traffic accident (report on actual condition of traffic accident, 1, 2);

1. Making a report on the control of drinking driving;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes of the medical certificate (E);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act: