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(영문) 춘천지방법원 원주지원 2013.08.27 2013고단435
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 became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a Maz car;

On June 29, 2013, the Defendant driven the above vehicle while under the influence of 0.170% of alcohol concentration at 0.15:0%, and driven the above vehicle along the two-lane road in front of the old Crossing-gun Eup/Myeon in the direction of the crossing-gun, along the two-lanes, from the direction of the intersection, the Defendant suffered from the injury, such as light flusium, etc., for the victim C (nive, 44 years old) driven by the victim C (nive, 59 years old) who tried to make a right-hand on the same lane due to occupational negligence without accurately operating the operation of the brake system while normal driving is difficult due to influence of alcohol, and without accurately operating the brake system, by taking the back part of the math car as the front part of the said math car, and took the victim E (e.g., the victim and the victim E (e., the 59 years old) who boarded the above Mast-gun car, respectively, for about two weeks treatment.

2. On June 29, 2013, at around 20:15, the Defendant driven B Maz car under the influence of alcohol concentration of about 10km from the front of the rental belt located in the Agency Acheon-gun, a Crossing-gun, to the front of the Gu Crossing Eup/Myeon located in the same Crossing Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to the report on detection of a host driver, the report on risk driving, and the written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of types of punishment and imprisonment with prison labor;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment (the crime of death or injury caused by dangerous driving, two crimes shall be committed.]

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