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(영문) 의정부지방법원 2013.05.10 2013고단759
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 engaging in driving a rocketing vehicle B.

On January 30, 2013, the Defendant was under the influence of alcohol with 0.209% of blood alcohol concentration around 11:45 on January 30, 2013, and thus it is difficult to drive the Defendant normally, but the Defendant driven the above rocketing vehicles on the two-lane road in Jinyang-gu, Jinyang-gu, Jinyang-si, Seoul, Seoul, and proceeded along two-lanes on the surface of potent in Seoul.

When the Defendant was negligent in neglecting the duty of an all-time care in driving as above, the Defendant received from the victim C (the 52-year-old driver’s 52-year-old driver’s dF truck and then received from the Defendant’s driver’s above strawer in front of the string of the string and the string part of the net, and suffered from the injury of the victim E (the 39-year-old driver’s 49-year-old driver’s knivers of the above C and the above cargo, each of which requires two weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Written statements (E);

1. A medical certificate (C, E);

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) against E with more severe criminal circumstances);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the sum of the long-term punishments for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with more severe punishment (limited to the sum of the crimes of the above two crimes): Provided, That the lowest sentence shall be based on the punishment prescribed for the violation of the Road Traffic Act);

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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