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(영문) 의정부지방법원 2013.12.19 2013고단3933
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving C-2 cargo vehicles;

1. On October 18, 2013, at around 18:15, the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) while driving the said vehicle under the influence of alcohol at a level that it is difficult to drive normally due to the influence of alcohol, and driving the said vehicle at around 0.17%, and driving on the street in front of the Geumwon-gun, Chowon-gun, Hawon-gun, Dongwon-gun, Dongwon-gun, Dongwon-gun, in the protection of the upper street gate at the protection of the vehicle in front of the river in front of the river in front of the river in front of the river in front of the river in front of the river in front of the river in front of the river in front of the river in front of the river in front of the river in front of the river in front of the river in front of the river in front of the river in front of the river in front of the yellow cell line, a person engaged in driving the vehicle as a one-lane road with the center line in front of the yellow line.

2. The driver driven a vehicle while under the influence of alcohol level of about 0.177% at a distance of about 400 meters from the air base near the six stalle-stren-ri, Dongwon-gun, Dongwon-gun, Dongwon-gun, Dongwon-gun, Songwon-gun, Seoul, to the end of the above 400 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written diagnosis of the victim (D);

1. A report on driving under the influence of alcohol drivers, inquiry into the results of the crackdown on driving under the influence of alcohol, the report on the situation of drinking drivers, and the report on whether to conduct any dangerous driving;

1. The actual condition survey report;

1. Application of statutes on site photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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) 2 and 44 (1) of the Road Traffic Act, and the choice

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

1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.

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