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(영문) 대구지방법원 김천지원 2013.11.28 2013고단1220
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 August 13, 2013, the Defendant driven BM5 car with a blood alcohol concentration of 0.212% as a result of duties around 20:40 on August 13, 2013, while driving it, and driving from the string off the two-lanes in front of GSSus in the old City/U.S., the Defendant neglected his/her duty of front-time care by drinking alcohol, neglecting his/her duty of front-time care, due to occupational negligence in which he/she failed to operate the brakes properly, and was led to the part of the victim C (the 49-year-old) driving of the victim C (the 49-year-old) who was in the air traffic at the front of the said car, and then the part of the pan-way was added to the front part of the said car.

After all, the Defendant, as seen above, driven under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, and suffered from the injury of the climatic salt that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, each photograph, and a actual survey report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes Committed as to the Crime concerned, the full text of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Punishment, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment

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. Reasons for sentencing in Article 62-2 of the Criminal Act [Determination of Punishment] - Injury by traffic accident in general traffic accident [Special Sentencing] - In case of occurrence of minor injury, in case of aggravation of punishment - In case of aggravation of punishment: Case where illegality in the proviso of Article 3(2) of the Education Specialized Law (Determination of the recommended area) is serious (Determination of the recommended area] [Scope of the recommendation area] one month to six months [limited to general person] - Reduction element: Subscription to comprehensive motor vehicle insurance, serious reflectness - aggravation factors that are not the same as repeated offense.

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