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(영문) 춘천지방법원 강릉지원 2017.06.28 2017고단408
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 18, 2017, the Defendant: (a) driven the said new-tech vehicle under the influence of alcohol content of about 0.13% from the 1km section from the parking lot for the second main apartment in Gangseo-si, Gangnam-dong, Gangnam-dong, to the lower side of the police station south-dong, Gangwon-si, and at around 1km to the lower side of the road.

2. The Defendant is a person who drives a new car with B new character in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Defendant 1 driven the said new character car at the time of the day indicated in the above 1. paragraph, and proceeded along one lane from the parallel parallel to the police station on the side of the parallel parallel road of Gangseo-si. Defendant 1 was negligent in performing the duty of the front and the right at 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 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 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 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 are exercised.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, and report on whether to drive any danger;

1. All on-site photographs;

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

1. Violation of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the traffic law as stated in the judgment of the choice of punishment against the crime: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the choice of imprisonment) in the judgment of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the choice of imprisonment with labor);

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment, etc. of specific crimes as stated in the holding) of the aggravated Punishment of Concurrent Crimes is heavier than punishment within the scope of the sum of the long-term punishments of two crimes as stated in the holding.

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