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(영문) 전주지방법원 군산지원 2013.09.11 2013고단772
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

The defendant is a driver of a three-dimensional vehicle.

Around 19:00 on March 30, 2013, the Defendant driven an automobile with the highest alcohol level of 0.122% in front of the original real estate located in the area of the Si/Gu/Eup/Myeon (U.S.) in the direction of the driving of the said vehicle under the influence of normal operation, such as smelling and smelling at the bar due to drinking, and driving the said vehicle on the side of the Kummon cafeteria, while driving the said vehicle on the side of the Kummon cafeteria, and driving it directly from the original real estate, and driving the said vehicle on the part of the victim D (L. 28) who was under the influence of the said vehicle on the front side of the said high school, due to the foregoing state of drinking, was due to the negligence that could not sufficiently see the surrounding areas due to the foregoing state of drinking.

As a result, the defendant suffered injury, such as a franchising so that the victim needs to receive six weeks of treatment.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, police statement of D, diagnosis report, and report of detection of state drivers;

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

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (including reflectiveness, non-compliance with punishment, etc.);

1. Order to attend lectures: Article 62-2 of the Criminal Act;

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