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(영문) 춘천지방법원 2013.11.28 2013고단999
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 September 1, 2013, at around 09:38, the Defendant driven the B-wing three truck with a blood alcohol content of 0.228% while driving the B-wing three truck with a blood alcohol content of 0.28%, and going beyond the central line of the 372 local highway located in the Mancheon-gun, Mancheon-gun, the Defendant received the part of the driver’s seat pent and even gate of the D-Sspo-type car driving in the opposite direction of the Defendant.

As a result, victims E (n.e., women, 59 years of age) who were on board the car in the spati-land suffered approximately two injuries, such as verte, bones salt, etc. requiring two weeks of treatment period, victims F (ma, 58 years of age) and victims G (n.e., 5 years of age), respectively, about two weeks of treatment period.

As a result, the defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing each injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Report of the start-up of a driving;

1. A traffic accident report (1) (1) and a traffic accident report (2) and intensity of the accident site;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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 (see the following reasons for sentencing)

1. The reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures reflects the Defendant’s depth and repents the instant crime, and the vehicles are covered by a comprehensive insurance, and the victims do not want to be punished against the Defendant, and all other circumstances, such as the degree of injury to the victims, the Defendant’s age, character and conduct, and the environment, which are the conditions for sentencing as shown in the instant pleadings, shall be taken into consideration.

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