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(영문) 창원지방법원 통영지원 2014.08.29 2014고단535
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 of the final judgment.

Reasons

Punishment of the crime

On September 17, 2007, the Defendant was sentenced to a penalty of two million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong branch branch on September 17, 2007. On August 18, 2009, the Defendant was sentenced to a fine of one million and five million won for the same crime in the Busan District Court’s Dong branch branch.

The defendant is a person who is engaged in driving a NAS car.

On April 22, 2014, at around 00:40, the Defendant driven the above vehicle while under the influence of alcohol of 0.29% of alcohol concentration of 0.29%, and proceeded from the beginning of the beginning of the year, the Defendant was under the influence of alcohol to the right-hand side of the victim C(42 years old) driving, which was mari in the opposite lane due to the occupational negligence near the central line, while driving the said vehicle at the right-hand side of the said vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as light salt, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual condition and a report on requests for appraisal;

1. A medical certificate;

1. Photographss related to traffic accidents;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 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 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing and order to attend probation and attend lecture, the defendant is recommended to be sentenced to four months or ten months of imprisonment (in the event that illegality in the proviso of Article 3(2) of the Specialized Law is serious" as a special factor, and the defendant is not subject to punishment as a special mitigation factor).

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