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(영문) 대전지방법원 천안지원 2013.09.05 2013고단641
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

At around 19:30 on June 1, 2013, the Defendant driven C truck with alcohol level of 0.229% on alcohol level, and proceeded along one-lane of the two-lane roads in front of the apartment complex under the same fluent-dong, Yong-dong, Yong-gu, Yong-gu, Yanan-dong. Since there is a place where the yellow-fluor line is installed, the Defendant was obliged to thoroughly perform the duty of care for driving the electric power line in a safe manner while under the influence of alcohol, and then, the Defendant was under the influence of alcohol level of 0.29% on the upper part of the E-gluor vehicle in the victim D(43 years old) who was under the influence of alcohol level, and was under the influence of the victim D(D) with the front part of the above cargo level, the Defendant suffered from the victim’s 4-day treatment of the e-gluoral fluor in the upper part of the passenger vehicle requiring approximately 3 weeks treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs, diagnosis certificates, reports on detection of jun drivers, and circumstantial reports on jun drivers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Specific Crimes (referring to the death or injury caused by each dangerous driving on the market), Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of driving on the market and the choice

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims who are more severe in the judgment that the specific crime is committed shall be imposed, but the sentence shall be selected);

1. Concurrent crimes among concurrent crimes, to the extent that punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is more severe, and the long-term punishment of the above two crimes is added to the penalty provided for in the Act on the Aggravated Punishment,

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