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(영문) 광주지방법원 2013.11.29 2013고단4527
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. On July 29, 2013, at around 20:37, the Defendant driven B 2 truck under the influence of alcohol leveling 0.178% in a section of about 500 meters, from the 20:40 meters away from the Yan-si, Yan City to the roads near the Yan-si, Yan-si, Gan-si, the same day.

2. The defendant is a person who drives B 2 cargo vehicles against the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

At around 20:40 on July 29, 2013, the Defendant: (a) driven the said cargo while driving the said cargo in a state where it is difficult to drive the said cargo in a normal manner, such as under the influence of alcohol in the direction of a mountain village, from the direction of a mountain village, and (b) while driving the said cargo, while driving the said cargo at the center line of the said road, and driving the said cargo on the left side of the said cargo vehicle, the Defendant suffered the injury of the victim C (Y, 38 years old) driven by the victim C (W) who driven the said truck on the upper left side of the said cargo vehicle, due to the front part of the said cargo vehicle for about two weeks.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A drinking-using driver report, and a drinking measuring instrument and output paper;

1. Traffic accident evidence photographs;

1. Application of Acts and subordinate statutes of the general 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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing in Article 62-2 of the Criminal Code for order to attend a compliance driving lecture are the same as the defendant.

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