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(영문) 대전지방법원 천안지원 2014.08.29 2014고단817
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BM5 car;

On April 19, 2014, the Defendant driven the above vehicle at around 06:40 on April 19, 2014, while driving at a speed of 30 to 40 km from the two parallels of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the Defendant suffered from the victim C(49 years old) driver's DNA driving of the said vehicle, while driving it on the two parallels at a speed of 30 to 8-40 km from the parallel parallel, with a blood alcohol concentration of 0.138% under the influence of alcohol concentration, and suffered from the injury requiring the victim's medical treatment for 8 weeks, such as the right-hand-off frame.

2. Around 06:40 on April 19, 2014, the Defendant driven BM5 cars while under the influence of alcohol alcohol concentration of approximately 1km at a level of approximately 0.138% at a 0.138%, from the Do in front of the two am and 8-lane from the Do in front of the two ambalthal fright in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu to the ambalthal road.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report (1);

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Each written diagnosis;

1. Application of related Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and 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 (the point of sound driving and the choice of imprisonment);

1. From among concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 50 of the Criminal Act (limited to the sum of the long-term punishments of the crimes above two crimes)

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; and

1. Orders to provide community service and attend lectures;

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