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(영문) 전주지방법원 남원지원 2014.09.16 2014고단144
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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A defendant shall be punished by imprisonment for six months.

except that 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

Around 04:45 on April 23, 2014, the Defendant: (a) was a person engaged in driving of BP car; (b) driven the said car while under the influence of alcohol 0.118% on a alcohol level; (c) was driving the said car on the right-hand side of the Defendant’s driving line to the market located on the right-hand side of South Won-si, Seowon-si; (d) at the time, the place was the intersection of the private distance; and (e) the Defendant’s moving direction signal, etc. was on-and-off in a yellow state; (b) in such a case, the Defendant was negligent in driving the car while driving the car on the right-hand side of the Defendant’s driving line while it is difficult to drive the car normally due to influence of alcohol, and caused the Defendant’s injury to the victim’s vehicle, (e.g., the victim’s vehicle, who is the victim’s owner, and (e) the victim’s 261-day repair department and the victim’s injury to the victim’s 261-day.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The actual condition survey report and photographs;

1. A report on whether to drive any dangerous motor vehicle;

1. The application of Acts and subordinate statutes to a report on investigation (a written estimate or written diagnosis);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, Article 151 of the Road Traffic Act, Article 151 of the same Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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