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(영문) 대구지방법원 김천지원 2013.10.02 2013고단920
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

The Defendant is a person who has driven a motor vehicle under the influence of alcohol level of 0.053% on May 7, 2009, and under the influence of alcohol level of 0.131% on November 18, 2009, and violated the prohibition on driving a motor vehicle under the influence of alcohol level of 0.131% on at least two occasions.

At around 20:30 on June 18, 2013, the Defendant: (a) operated a blood alcohol level of 0.169% under the influence of alcohol level; (b) while driving a fwing-off truck with a difficulty in normal driving due to the influence of alcohol level 0.169% on the part of the Defendant, the Defendant was under the left-hand turn to the right-hand left-hand of the front-hand distance of the infant, from the e-mail of the e-mail at the e-mail of the e-mail at the e-mail of the city of U.S.; (c) while neglecting the duty of e-mail and the left-hand on the left-hand side of the victim C (38 years old) driving while neglecting the duty of e-mail at the right-hand direction of the said cargo, the Defendant was

Ultimately, the Defendant suffered injuries, such as cage cages, etc., which require approximately two weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, a report on the actual state of a driver, a report on the occurrence of a traffic accident, a report on the actual state of a driver, and a survey report on actual state;

1. A medical certificate;

1. Previous records: Application of summary order and a copy of judgment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, resulting in a traffic accident, injury to the driver of the victimized vehicle, the collision with other parked vehicles after the collision, the unagreement, and the order from March 2003 to March 2010.

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