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(영문) 청주지방법원 2014.05.14 2013고단1680
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

On October 5, 2013, at around 20:40, the Defendant was unable to drive normally under the influence of alcohol by 0.215% during blood alcohol concentration. On October 5, 2013, the Defendant driven Crocketing taxi with two lanes near the two-lanes near the erol in the erode in the erode of the Manpon in the Manpyeong-gun, Chungcheongnam-gun, Chungcheongnam-do.

The Defendant, due to occupational negligence, took the back part of the right side of the E-Motor vehicle driven at the front side of the instant taxi due to occupational negligence, and again took the retaining wall of the road on the front side of the said taxi.

As a result, the Defendant suffered injury to the victim F (55 years of age) who was on the back seat of the said taxi, such as 10 weeks of medical treatment, including the left-hand flag abandonment abandonment, and the flag G (49 years of age) who was on the flag of the taxi and was on the flag G (49 years of age) in need of medical treatment for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents;

1. A report on the circumstantial statements of the driving of a drinking house and a report on the detection of a drinking driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Circumstances favorable to sentencing in accordance with Article 62(1) of the Criminal Act (hereinafter referred to as "the sentencing grounds"), which are favorable to the defendant: The victims are also negligent in the occurrence of traffic accidents or the expansion of damage (the victims have taken advantage of the defendant's vehicle after drinking together with the defendant). They do not want punishment against the defendant by mutual consent between the victims and the defendant.

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