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(영문) 대전지방법원 천안지원 2013.05.30 2013고단395

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. On March 26, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter referred to as the “Aggravated Punishment, etc.”) tried to drive a motor vehicle of the Heung reservoir located in the Seo-gu Seo-gu, Seo-gu, Seoan-gu, Seo-gu, Seo-gu, Incheon, by driving a motor vehicle of the B Pool to the extent that the body could not be properly flowed by drinking while under the influence of alcohol concentration of 0.191% from the blood alcohol concentration of 0.10%.

At the time, the Defendant, while neglecting the duty of the front time, was driven by the front part of the vehicle operated by the Defendant C (the age of 45) who was a victim C (the age of 45) who was getting a bicycle in line with the Defendant's direction.

Ultimately, the Defendant, while driving a motor vehicle under the influence of alcohol, caused the said traffic accident, resulting in the victim’s injury, such as the left-hand alley, which requires approximately eight weeks of medical treatment.

2. Around 21:10 on March 26, 2013, the Defendant, while under the influence of alcohol at a 0.191% of blood alcohol content, driven the said tegrative car from the 2km section in the direction of the “magrative park” in the Seo-gu Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, to the front road of the reservoir for public interest in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A medical certificate;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to a report on the state statement of the drinking driver, and a field survey report on death or injury caused by dangerous driving;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;

1. The sum of the long-term punishments under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;