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(영문) 창원지방법원 2012.05.24 2012고합120
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

At around 13:50 on March 10, 2012, the Defendant driven a C rocketing car with a blood alcohol concentration of 0.22%, while driving the road in front of the Dobong Cancer Village under large supervision at the upstream of the Kimhae-si on March 10, 2012, and driving the steering and steering system at the opposite direction due to occupational negligence that failed to accurately operate the steering direction and steering system, the Defendant suffered from the Defendant’s injury to the Defendant’s side side of the E-learning Vehicle in front of the right side of the Defendant’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related persons in DNA preparation;

1. The circumstantial statement of the driver, the entry report of the driver, and the written investigation into the actual status of the traffic accident;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

2. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the case of concurrent crimes within the scope of adding up the long-term punishment of two crimes stipulated in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, and the lower limit shall be applied thereto).

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act;

5. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. was that the Defendant was punished for a drunk driving in the past, but again, the Defendant sustained injury to the victim by causing an accident while driving under the influence of alcohol. At the time of the accident, the blood alcohol concentration was also high.

However, the injury suffered by the victim was relatively less severe, and the victim was only the victim.

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