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(영문) 의정부지방법원 2013.05.10 2013고단726
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On 29:45 on 201, the Defendant was under the influence of alcohol with 0.24% of blood alcohol concentration, and thus it is difficult to drive the vehicle normally, but the Defendant was driving the vehicle on the road in front of the 551-day, Seoyang-gu, Namyang-si, Namyang-si, and was driving the vehicle on the front of the 551-way, which was in front of the ebbbbbbbbs, from the ebscence of the victim D (n, 50 years old) who had been negligent in performing the duty of the ebscence to the signal air at the front of the ebscence of the Defendant’s driving.

The Defendant suffered, respectively, the injury to the victim F (Nam, 49 years old) who was a passenger of the said D and the said leisure car due to the foregoing occupational negligence, in need of two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate (D, F);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes against D with a more serious criminal situation)

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes under the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment) shall apply to concurrent crimes: Provided, That the lowest sentence shall be determined by the punishment prescribed for the violation of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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