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(영문) 인천지방법원 2013.07.25 2013고단1961
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 who is engaged in driving a B-Wood vehicle.

On March 1, 2013, at around 07:40, the Defendant was under the influence of alcohol with 0.183% of blood alcohol concentration, and was driving the said car and driving the way ahead of the route 360-2 located in the Gang-gu, Incheon Bupyeong-gu, Busan, in the direction of the Bupyeong-gu Private Road.

However, under the influence of alcohol, the part of the front part of the said car, which was driven by the victim C (Nam, 39 years old) who was driving in the front part of the said car, due to the negligence of neglecting in the front line while making it difficult to drive the car normally, was able to receive the back part of the troup of the D Twit system.

Due to its shock, the victim suffered injuries such as salt dynasiums that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and photographs;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

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

1. The point of causing bodily injury to a dangerous driving for the crime concerned: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes within the scope of the term of punishment aggregating the maximum term of two crimes prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, pursuant to the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act.

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be considered that there is no previous conviction sentenced to a heavier punishment than imprisonment without prison labor, comprehensive insurance is subscribed and money is deposited for the repayment of damage, and that there is any reflective error;

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

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