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(영문) 춘천지방법원 원주지원 2013.08.27 2013고단443
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A person who is engaged in driving of vehicles BM518 by the defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by

On May 2, 2013, the Defendant driven the above vehicle while under the influence of 0.130% of alcohol concentration of 19:10% on blood alcohol level, and driven the above vehicle along the three-lane road in front of the Satar Art Center in front of the Satar Art Center in front of the Paju-dong in the original city, along the three-lane from the distance from the actual distance to the original medical center, and caused damage, etc. to the victim C (43 years old) who was parked in the front section of the above Sa520 vehicle driven in the front section of the above SM518 vehicle due to occupational negligence, which did not accurately operate the brake system while normal driving is difficult due to influence of alcohol, and caused damage, etc. to the victim and D (42 years old) who was on board the above S520 vehicle for about two weeks.

2. Around 19:10 on May 2, 2013, the Defendant driven BM518 vehicles under the influence of alcohol content 0.130% at the section of about 10km from the front of the F in original city E to the front road of the Salym Art Center located in the same city with the same city, from the 10km section to the front road of the Sam Art Center located in the same city with the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes to the report on detection of a host driver, the report on risk driving, and the written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 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;

1. Selection of types of punishment and imprisonment with prison labor;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated as concurrent crimes within the scope of adding up the long-term punishments of two crimes, which are prescribed for the crime resulting in death or injury at risk, and the punishment shall be imposed;

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