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(영문) 청주지방법원 2013.07.26 2013고단608
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

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) committed on March 25, 2013 and around 06:15, while the Defendant was under the influence of alcohol on a road in front of the Young-gu, Young-gu, U.S., Young-gu, U.S., the U.S., at a speed of 0.182% a blood alcohol concentration, and was driving a car owned by the Defendant at a speed of about 50 K.K. at a speed of about a speed of 50 K.K. in the direction of the Young-gu, U.S., the opposite direction conflict with the front part of the E.M. car driven by the victim D (W. 45 years old) who was straight along the territorial intersection along one lane.

As a result, the defendant driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as a light spawn for about three weeks of treatment.

2. On March 25, 2013, the Defendant, at around 06:15, driven a C Costa car owned by the Defendant, while under the influence of alcohol concentration of approximately 3 KK from the roads before the Sea State of the Sea State in the Heung-gu Pung-dong, Chungcheongnam-gu, Chungcheongnam-si to the roads before the Sinju-si, the Young-gu, U.S., U.S., Young-gu, Cheongju-si, while under the influence of alcohol concentration of about 0.182%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Each written diagnosis on D;

1. Written estimate;

1. Application of Acts and subordinate statutes, such as photographs of accident sites;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts and the choice of punishment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. For the reason of sentencing under Article 62-2 of the Criminal Act, each of the crimes in this case committed by the defendant is committed while driving in a state where normal driving is difficult due to influence of drinking, and the central line is invaded.

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