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(영문) 대구지방법원 김천지원 2013.10.02 2013고단702
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that 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, on June 1, 2013, while driving the B K5 car while under the influence of alcohol at around 00:00, while driving it was difficult to drive normally due to the influence of alcohol at KRW 0.171%, and driving on the front distance in front of the chamber of commerce and industry operating at the speed of the Gu-U.S. Si-U.S. Sin, the Defendant was under the influence of alcohol to the right side of the course due to an occupational negligence in violation of the signal, and received the front portion of the C (56 years old)-run taxi from the right side of the said K5 car.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties, such as a scarfy back wall, which requires approximately two weeks of treatment.

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. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 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. In light of the fact that the victim caused an accident in violation of Article 62(1) of the Criminal Act while drinking the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution, the victim is seriously damaged, the victim is not particularly responsible for the victim, and the defendant has been sentenced to imprisonment with prison labor for one year on December 14, 2010 and has been sentenced to a fine for two years in recent years on several occasions due to the crime of injury on December 14, 2010, etc., the crime liability is not less exceptionally, but the victim's degree of injury is not so significant, the victim wants to take the Defendant's wife, there is no same type of punishment power, and the fact that the victim is subscribed to a comprehensive motor vehicle insurance, etc., the punishment shall

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