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(영문) 대구지방법원 2014.05.01 2014고단1316
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

1. Around 22:50 on February 10, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol 0.229% with a blood alcohol concentration of 0.229%, and was driving four-lanes in four-lanes in front of Aria or hotel in the middle of Daegu hydrosi-gu, a four-lanes of the four-lanes in front of Aria or hotel in the middle of Daegu Mangsan-gu, and could not brealy flow off by drinking while driving the four-lanes in the middle of sulfur distance range from the yellow girst, and the lower part of the victim C (54 years old) who was under a stop at the front line due to occupational failure to properly operate the steering direction and brake system was shocked with the front part of the Defendant’s vehicle.

As above, the Defendant driven under the influence of alcohol in a state where normal driving is difficult due to the influence of alcohol, and caused the victim to suffer light fluoral salt, which requires medical treatment for about three weeks.

2. Around 22:50 on February 10, 2014, the Defendant driven the said benz car at the section of about 200 to 300 meters from the point of week where the alcohol content of the blood is 0.229% under the influence of alcohol at the 0.229%, and at the same time, the Defendant driven the said benz car at the section of about 200 to 300 meters in front of the Aria or the hotel located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of the General Medical Certificate (C);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act for an order to attend a compliance driving lecture;

1. The scope of recommended sentences on the sentencing criteria (the determination of types) shall be flowed.

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