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(영문) 춘천지방법원 원주지원 2014.11.26 2014고단934
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

1. Around 23:50 on September 13, 2014, the Defendant driven a B 130-car under the influence of alcohol with a blood alcohol content of about 0.214% from the 3km section from the roads front of a main line in the trade name and aesthetic road located in the original city phase to the river front of the Hart located in the same Dong.

2. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and is engaged in driving a vehicle B i30.

On September 13, 2014, at around 23:50, the Defendant driven the above vehicle while under the influence of alcohol 0.214%, and proceeds from the three-lane road in front of the henart in the front speed of the original city at the speed of 0.214% along the one-lane road from the right side of the road site. The Defendant, when it is inaccurate that it was caused by the influence of drinking and that it was difficult for the Defendant to drive under normal conditions, such as the raining distance, by an occupational negligence, who did not accurately operate the steering direction and brakes, dump of the opposite sidewalk and received the opposite sidewalk, and led the victim C (the age of 29) (the age of 29) who was on board the same vehicle, thereby taking about about two weeks the string wall that requires the treatment of the said vehicle at the speed of the original city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. A report on detection of a de facto driver (blood collection result);

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 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 sound driving and the choice of imprisonment);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than that provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and the long-term punishment of two crimes above that provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes shall be aggravated: Provided, That the lowest sentence shall be the punishment determined for the violation of the Road Traffic Act).

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