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(영문) 청주지방법원 2014.06.19 2014고단420
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On March 21, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) runs a car in the state that it is difficult to drive the car normally due to the influence of alcohol concentration of 0.150% by blood alcohol concentration on a 22:30% or more on March 21, 2014, while driving the car in the state that it is difficult to drive the car normally, such as influorite and influorite, and in the state that it is difficult to drive the car in a normal manner, the Defendant runs

In this direction, the part of the part of the part of the part of the part of the part of the part of the part of the above part of the victim D (year 59) who is the driver of the above part of the driver of the above part of the vehicle received from the part of the victim D (year 59) who is the driver of the above part of the vehicle by driving the part of the part of the above part of the part of the part of the part of the part of the part of the part of the part of the vehicle, and suffered from the injury, such as the upper part of the part of the part of the part of the part of the part of the part of the part of the part of the driver of the above part of the driver's own for about 8 weeks of medical treatment, and for about 6 weeks of medical treatment from the part of the victim E

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the time specified in paragraph (1) of this Article, the Defendant driven the said vehicle under the influence of alcohol by 0.150% of the blood alcohol concentration from a section of about 1km to the front road of the 1km-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, an Eup, the cafeteria-do, an Eup, the from the front of the cafeteria-do.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes, such as a survey report on actual condition, a written diagnosis, a report on the circumstantial statement of a host driver, and a report on detection;

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

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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