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(영문) 대구지방법원 김천지원 2013.09.11 2013고단788
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

Around 00:55 on June 15, 2013, the Defendant, while driving a bpon vehicle with blood alcohol concentration of 0.244% while under the influence of alcohol, and driving the private distance of the bpon square from the Gu-U.S. Pursuant to the export of the Gu-U.S., the Defendant was negligent in driving the bpon vehicle on the back of the Defendant’s course due to his occupational negligence in the course of driving the vehicle at the front of the 30-year-old vehicle, while neglecting the duty of moving back from the Gu-U.S.-U.S. surface, and neglecting the duty of moving back from the Gu-U.S.-U.S. surface.

Ultimately, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim C, such as brain salvine which requires treatment for about two weeks, and suffered injury to the victim E (V, 27 years old) who was on the said K5 vehicle for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Traffic accident report, report on the actual state of a driver, report on the request for appraisal, report on the request for appraisal, report on the driver, and report on the actual state survey;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

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

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Article 62 (1) of the same Act (see, e.g., Supreme Court Decisions 2001Do1111, Jan. 1, 200

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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