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(영문) 의정부지방법원 2013.07.23 2013고단1652
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 4, 2013, at around 04:45, the Defendant was driving at approximately 30-40 km in the direction of the border border in the vicinity of Kintex event site located in Goyang-gu, Goyang-si with a alcohol level of 0.167% (hereinafter referred to as the “Fintex”) and at approximately 30 km in the front of the Kint Bank oil station located in the Goyang-si, Goyang-si, the Defendant was driving a vehicle B New R&E at approximately 30 km in the front of the Kint Bank station, and the Defendant was driving a vehicle at approximately 30-40 km in the direction of the border border in the direction of the two-lane. Since the Defendant was under the influence of the victim’s normal operation of the vehicle at night, it is difficult for the Defendant to thoroughly maintain the victim’s duty of care in driving the vehicle at the front and the right direction of the vehicle under the influence of the victim’s duty of care.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Investigation report on the actual condition of traffic accidents, report on the detection of a driver, report on the circumstantial statement of a driver, investigation report (applicable with the Radmark and case for physical damage insurance handling);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident sites and vehicle photographs;

1. Article applicable to criminal facts;

(a) The fact of injury caused by each dangerous driving: The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

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