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(영문) 춘천지방법원 영월지원 2014.08.29 2014고단288
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 23:16, 2014, the Defendant driven a B Kan-kin car under the influence of alcohol concentration of approximately 0.132% at the section of approximately 200 meters, from the front of a market pharmacy located in the 101-ro, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Seoul, to the front of the 56-ro in the center of the Eup.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a B car;

On June 29, 2014, the Defendant driven the said car at around 23:16, while driving the said car at the speed of 56, the first line road in front of the Gangnam-gu, Young-gu, Young-gu, Seoul Special Metropolitan City, which is located in the center of the Gangseo-gu, Young-gu, Seoul Special Metropolitan City, was driven by the victim C (63 years old) who driven the said car at the front line of the same direction without securing the safety distance in a situation where normal driving is difficult due to alcohol, and was driven by the victim C (63 years old) who driven the vehicle at the front line of the car in front of the said direction.

After all, the Defendant suffered injury to the victim C, such as brain salvina, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Traffic accident report, survey report on the status of a drinking driver, report on the status of a drinking driver, report on whether to drive any danger, and review the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment, etc. for Crimes (the injury caused by dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Application of the sentencing criteria;

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