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(영문) 의정부지방법원 2013.06.25 2013고단1264
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

Defendant,

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) B wing Franchiscison, who is engaged in driving of the Franchiscison. On April 5, 2013, Franchiscison 13:45, Franchiscison, the front side of Samsung Industries, located in Seocheon-si, Youngcheon-si, Macheon-si, at the speed of 40km per hour, is driving at the speed of 40km from the front side of the Cranchiscison at the speed of 1:25%, and it was difficult to carry out the operation time of the flachiscis and operation of the flachiscis or its power with the intention of regulating the above operation time of the flachiscison and operation time of the flachiscison. Thus, the above part of the flaco, even though it is difficult for the victim to take the above part of the fel to drive.

2. On the other hand, when moving temporarily at the time of the violation of paragraph (1) of the Road Traffic Act, the driver driven the above cargo while under the influence of alcohol of about 0.225% from the 10km section to the place of paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A survey report on the actual condition, a report on the actual status of the driving of a drinking house, and a report on detection of a drinking driver;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

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. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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