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(영문) 대전지방법원 논산지원 2013.05.14 2013고단39
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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 November 21, 2012, when the Defendant was under the influence of 0.216% of blood alcohol concentration at around 18:00, the Defendant driven B Poter Cargo and proceeded in the direction of the police station assigned in the direction of the Priking in the direction of the Priking in the direction of the Sindo-U.S. Do-ro of the 118-3 large Steel, the front side of the two-lane 118-3 large Steel, the Defendant was negligent in the course of business when he neglected the front city while driving normally due to influence of alcohol, and received the D driving part of the victim C (ma, 30 years old) who was under the influence of the signal stop at the front part of the Defendant’s vehicle, and was under the influence of the driver’s vehicle at the front part of the Defendant’s vehicle, and was under the influence of the Defendant’s driver’s vehicle at the direction of the victim E (Seoul, 30 years old and under the influence of traffic signals.

As a result, the Defendant suffered injury to the victim C, such as brain dead, which requires a medical treatment for about three weeks, and injury to the victim E, such as salt, tension, etc. in need of a medical treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each police statement in C and E;

1. Application of each of the Acts and subordinate statutes as stated in the actual condition survey report, report on detection of a host driver, circumstantial statement of a host driver, and each medical certificate;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of driving a sound driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime;

1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (However, the lowest limit shall be that of the punishments determined for the violation of the Road Traffic Act, and the period of two crimes shall be the aggregate thereof);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment:

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