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(영문) 대전지방법원 논산지원 2013.06.04 2012고단586
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On September 22, 2012, the Defendant driven a CKanp II car with a blood alcohol level of 0.145% at around 23:13, while driving the CKanp II car at the speed of 0.145% on September 22, 2012, the Defendant was negligent in the course of duties, when he neglected the front-time city in the state where it is difficult to drive the vehicle normally due to influence of drinking, while driving the vehicle in the direction of the CKanp II in front of the new distance in the direction of Daejeon in the direction of the CKanp II in the direction of the mountain, the Defendant was responsible for driving the vehicle in front of the victim D (ma, 21 years old) who was driving in the front of the traffic signal stop at the front of the day, and got the victim F (F, South 19 years old)'s vehicle after being driven in the front of the vehicle in front of the Defendant.

As a result, the Defendant suffered injury to the victim D, to the victim F, such as catum salt in need of a medical treatment for about three weeks, to the victim F, to the injury of catum salt in need of a medical treatment for about two weeks, to the victim H (17 years old), to the catum catum catum that requires a medical treatment for about two weeks, and to the victim I (Nam, 38 years old) who was on the vehicle driven by the Defendant, and to the victim I (ma, 38 years old) who was on the vehicle driven by the Defendant, such injury as brain catum that requires a medical treatment for about one week.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the police statements D or F;

1. Application of each of the Acts and subordinate statutes described in the actual condition survey report, report on the detection of a host driver, circumstantial statement of a host driver, each medical certificate, and reply note (I);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving a sound driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime;

1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [However, the lowest limit shall be the violation of the Road Traffic Act (the crime of drinking and driving);

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