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(영문) 광주지방법원 2013.09.12 2013고단3460

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

1. Around 03:30 on July 7, 2013, the Defendant driven a B-ro car in the state of alcohol alcohol alcohol level of approximately 0.276% at the distance of about 3km from the road front of the outer space store near the Yong-dong University of Yong-dong, Gwangju, Seo-gu, Gwangju to the southwest-gu, at around 04:00 on the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was a situation in which normal driving was difficult on the ground that around 01:30 on July 7, 2013 to 03:30 on the day when the blood alcohol concentration of approximately 7 diseases from the above outer space 04:00 on the same day when the blood alcohol concentration of around 04:276% was 0.276%.

Nevertheless, the Defendant, at around 04:00 on the same day, driven the above log car while driving the above log car and driving the front side of the vehicle in front of the above log car in the direction of the coefficient shooting distance from the direction of the luminous terminal, suffered bodily injury, such as "brain," which requires approximately three weeks of medical treatment for the victim C (the age of 37) who was signaled at the front side of the above log car.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to entries in the actual condition survey report, diagnosis report, and the master-employed driver report;

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), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving) and the choice of imprisonment with prison labor for each crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that the damages have been paid through the insurance company);

1. Order to attend lectures under Article 62-2 of the Criminal Act;