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(영문) 대전지방법원 논산지원 2013.12.10 2013고단256
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 11, 2013, while the Defendant driven a car with a blood alcohol concentration of 0.180% in the state of alcohol around 21:15, while driving a two-lane road in front of a movable oil station located in the movable property of the non-Eup/Myeon in the year-U.S. on the side of the year-U.S. industrial company, the Defendant was under the duty’s negligence that did not look well at the surrounding area while it is difficult to drive normally due to influence of drinking, and did not safely proceed along the tea, and received the central separation line on the left side of the direction as the front part of the Defendant’s car.

As a result, the defendant suffered injury to the victim C (V, 50 years of age) who was accompanied by the defendant's passenger car, such as an injury to the victim C (V, 50 years of age), which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Application of each of the Acts and subordinate statutes as stated in the actual condition survey report, report on detection of a host driver, circumstantial statement of a host driver, and medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle at risk) of the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the lowest limit shall be that determined for the crimes of violation of the Road Traffic Act, and it shall be that determined, and the long-term punishment for two crimes shall be aggregated];

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

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of sentenced punishment: Six months to eleven years of imprisonment (the choice of imprisonment and the aggravation of concurrent crimes);

2. Basic area of sentencing criteria [Determination of types] Transport Crime Group, General Traffic Accident Type 1 (Bodily Injury resulting from Traffic Accidents): Imprisonment with prison labor for not more than four months from April to October: Driving under the influence of alcohol.

3. Determination of sentence: Six months of imprisonment; and

4. Whether to suspend the execution:

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