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(영문) 대구지방법원 김천지원 2013.10.16 2013고단1030
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

On July 20, 2013, the Defendant driven a blood alcohol level of 0.177% at around 14:30, while making it difficult for the Defendant to drive a car at a normal time due to the influence of alcohol level of 0.17%, and was driving a road front of a sexual gas station located in the Gu-U.S.-U.S.-type valley at the seat of the 2-dong office of the 2nd head office of the Gu-U.S., the Defendant driven a driver’s vehicle ahead of the same direction while driving a car at the seat of the national oil station in the front of the same direction (the age of 33). As such, the Defendant, despite the duty of care for driving the car at the front and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of driving have been exercised,

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the said C, such as salt ties, tensions, etc., in need of medical treatment for about two weeks, injury to the victim E (V, 6 years of age) who is the passenger of the victimized vehicle, such as the injury to the victim E (V, 6 years of age), and injury to the victim F (V, 7 years of age) who is the passenger of the victimized vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on the occurrence of traffic accidents, reports on driving of jun drivers, reports on the actual state of jun drivers, and reports on actual state of survey;

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

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

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant on September 1, 1998.

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