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(영문) 대전지방법원 2015.11.03 2015고단2432
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On March 10, 201, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on March 10, 201, and on December 9, 201, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act from the Seoul Central District Court on December 9, 201.

On June 11, 2015, at around 20:20, the Defendant, while driving a chip motor vehicle under the influence of alcohol with approximately 0.122% of alcohol while under the influence of alcohol, and driving a chip apartment in front of a chip apartment in Sejong-si in the direction of Daejeon at the Yan-si, Sejong-si, the Defendant caused each damage to the victim E, who is on board the said C and the said chip vehicle, to undergo approximately two weeks of treatment, respectively, while driving the chip apartment in front of the Pchip apartment in the Sejong-si in the direction of Daejeon at the Yan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (attached to the previous and summary order);

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

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, Article 38 (1) 2, and Article 50 of the Criminal Act [the lower limit shall be the case determined for the violation of the Road Traffic Act];

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

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

1. It is so decided as per Disposition on the grounds of taking lectures and providing community service orders under Article 62-2 or more of the Criminal Act;

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