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(영문) 대전지방법원 2015.03.17 2014고단4346
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person engaged in the operation of Churd vehicle.

On December 1, 2014, the Defendant driven the said vehicle at a level of 0.143% alcohol concentration, which is difficult to drive normally due to the influence of alcohol, and caused the Defendant’s injury to the victim F (the age of 39) under the occupational negligence proceeding in order to turn to the left without neglecting his/her duty of care under the influence of alcohol, and without properly operating the steering gear, by driving the said vehicle at a level of not less than 0.143%, and driving the said vehicle along the intersection from the E-type off in Daejeon U.S. D, along with one lane, from the opposite environment, the Defendant incurred the Defendant’s injury to the victim F (the age of 39), such as bones and tension of bones for about two weeks in need of treatment for the victim F of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the 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 (Article 62 (1) of the Criminal Act shall apply to suspended execution (the fact that the injured party is not punished for the accused and is against depth);

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;

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