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(영문) 춘천지방법원 원주지원 2014.04.01 2014고단70
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a car in C Co.

On February 2, 2014, the Defendant driven the said car on February 2, 2014, and led to the intersection of the private distance in front of Shari to 63, Hoju-ro, Hanju-si.

At that time, the victim's E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Nevertheless, the Defendant was negligent in driving a vehicle while driving the vehicle by neglecting the influence of alcohol and due to the negligence of the Defendant’s driving, and received the part of the victim’s driving ahead of the passenger vehicle.

After all, the Defendant, as seen above, driven under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, and suffered injury to the victim, such as light salt, which requires treatment for about two weeks.

2. On February 2, 2014, at around 20:35, the Defendant: (a) driven a car in Category C in the state of alcohol of 0.103% of alcohol alcohol concentration from the 300-meter radius from the alley-ro, Hanju-ro, 63 Yari Sari Sari, to the above shooting distance.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on detection of a de facto driver and a circumstantial statement;

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 concerning the crime and 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 (the point of sound driving and the choice of imprisonment);

1. From among concurrent crimes, the punishment of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is heavier.

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