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(영문) 의정부지방법원 2013.07.23 2013고단1505
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of one hundred and twenty thousand won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On April 27, 2013, Defendant A is driving a motor vehicle under the influence of alcohol by at least 0.208 percent of alcohol content in the state of being driven by the cM7 motor vehicle from 18:0 on the same day to 18:00 on the f8:0 on the 17:30 on the 17:4. 17:30 on the 19:0 on the 17. 201, while driving the CM7 motor vehicle under the influence of alcohol content from 0.208 on the 68:0 on the 6.00 on the 19. 4:0 on the 17. 201. 4. 27. 201.

The back part of the D Poter vehicle driven by the victim B (the age of 47) who was driving in front of the same sea be shocked by the Defendant’s front part of the vehicle, and the victim was injured by the foregoing occupational negligence for about two weeks, such as fluoral salt, which requires treatment to the victim B; and

2. Defendant B, around 18:00 on April 27, 2013, driven D Poter vehicles without a car driver’s license in approximately 500 meters section from the vicinity of the Government Medical Center of Dong-dong, Do-si to the 688-8 Sinsi, Do-dong, 688-8, Dong-dong, Do-dong.

Summary of Evidence

1. Defendants’ respective legal statements

1. B written statements;

1. A survey report on actual condition, a report on detection of a driver, the register of driver's licenses (the investigation records No. 34, 35 pages);

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of causing a danger driving and the decision of imprisonment), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving a sound driving and the choice of imprisonment);

B. Defendant B: Article 152 subparag. 1 and Article 43 of the Road Traffic Act, and fine.

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