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(영문) 춘천지방법원 원주지원 2016.05.31 2016고단290
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

The defendant is a person who is engaged in driving a three-dimensional car.

On February 22, 2016, the Defendant driven the said car under the influence of alcohol level of 0.139% during blood transfusions on February 22, 2016, while driving the said car at a level of 0.139%, and driving the road of 33-lanes in front of the Cheongdo Water Market at the original city at the front city at the front city at the front city along one-lane of the horse shooting distance.

Defendant D (the 54 years old) who had been driving on the top of the top of the vehicle of Defendant D (the 54 years old) with the top of the vehicle of Defendant D (the 54 years old) with the top of the vehicle of Defendant D, which was driving on the top of the top of the shooting distance, due to the negligence of the center line, in a situation where normal driving is difficult due to the above influence of alcohol, due to the above influence of alcohol.

As a result, the Defendant suffered from the fluoral finites in need of medical treatment for about two weeks, and driven a vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Statement of the circumstances of the driver who is a driver in charge, notification of the results of regulating the driving of alcohol, report on detection of the driver in charge, and report on whether he is dangerous

1. Response to a request for appraisal;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation and attending lectures [the scope of recommendation] The basic area (including April to October) of the type 1 of the ordinary traffic accident (the injury caused by traffic accidents) [the person subject to special mitigation (including the person subject to special mitigation)] / The illegality in the proviso of Article 3(2) of the Act on the Special Cases of Education is committed.

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