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(영문) 춘천지방법원 원주지원 2013.04.05 2013고단90
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:45 on January 2, 2013, the Defendant driven a B Poter truck under the influence of alcohol content of about 0.20% in a section of about 10k alcohol content from the common ginseng distance in the ordinary ginseng at the original city from the parking lot in consideration of the original city level to the ordinary ginseng distance in the original city level.

2. On January 22, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) received the back portion of D bargaining car driven by the victim C (hereinafter, 43 years old) who is standing in the atmosphere of the said cargo at the front of the said cargo due to negligence not operating the brake system properly without driving it, while driving it in the state of alcohol, as described in paragraph 1, while driving the common ginseng distance in the common rith in the original direction from the original direction to the original direction.

Ultimately, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of the trend requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Traffic accident report, report on detection of a driver from the driving of the driving of the driving of the driving of the motor vehicle, report on the circumstantial statement of the driver from the driving of the motor vehicle, report on whether

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving and the choice

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing):

1. An order to attend a course under Article 62-2 (1) of the Criminal Act, and the Act on Probation, etc.;

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