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(영문) 대전지방법원 2013.09.10 2012고단4736
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

On October 31, 2012, at around 20:02, the Defendant driven a C taxa car with a blood alcohol concentration of 0.188% and proceeded to the Han River basin in the middle of the Han River basin of Sejong Special Self-Governing City, while driving the CPa car on the same side. The Defendant, while neglecting his duty of care to prevent accidents by accurately manipulating the steering gear and brake devices, was negligent in driving the car in the front left side of the vehicle due to an occupational negligence and thereby, sustained the victim D (51 years old) crossinging the road from the right side of the front side of the vehicle to the right side of the vehicle due to the influence of alcohol, and suffered injury, such as a dynaf, under the direction that requires approximately two weeks medical treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement on the circumstantial statement of the employee;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning the crime;

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 on the stay of execution (Insignificant injuries, non-existence of punishment, and no record of criminal punishment after 2004, driving distance, health conditions, and serious radius);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] Traffic Crime Group, General Traffic Accidents (Bodily Injury resulting from traffic accidents), mitigated area, one month to six months [Application of guidelines for handling multiple offenses] Imprisonment with prison labor for six months [the decision of sentence] [the decision of sentence shall be based on the lowest limit of punishment for the crime of violating the Road Traffic Act] [the decision of sentence] imprisonment with prison labor for eight months, the imprisonment without prison labor for the same kind or more as the imprisonment for two years suspended execution, three times, the previous conviction of a fine and four times, the previous conviction of a fine and the attitude of a defendant for appearance

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