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(영문) 대전지방법원 논산지원 2013.10.29 2013고단231
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten 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;

Reasons

Punishment of the crime

On June 24, 2013, the Defendant driven a ice B vehicle with a blood alcohol level of 0.309% 0.30%, while driving from the gold-ri, the Defendant suffered from the injury of the victim C (Nam, 35 years old) driving, who was maried in the middle of the central line, due to the influence of alcohol, due to the occupational negligence of driving the mari-ri vehicle in the direction of the Defendant, while driving the road along which the center line of the yellow solid line is installed in the vicinity of the Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic Ethic E

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes to the actual condition survey report, report on detection of a host driver, circumstantial statement of a host driver, photographs, and each diagnosis document, respectively;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle at risk) of the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the lowest limit shall be that determined for the crimes of violation of the Road Traffic Act, and it shall be that determined, and the long-term punishment for two crimes shall be aggregated];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of punishment: Imprisonment with prison labor for not less than six months to not more than six years (elective of imprisonment, double imprisonment for concurrent crimes, and discretionary mitigation);

2. The basic area of sentencing guidelines [decision of types] traffic crime group, general traffic accident Type 1 (Bodily Injury resulting from Traffic Accidents): Imprisonment with prison labor for not less than 4 months from 4 months to 10 months: the special mitigation factors: penalty not to be imposed.

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