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(영문) 대구지방법원 경주지원 2016.07.07 2016고단138
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:40 on January 13, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death and injury) was negligent in failing to perform his/her duty at the front time in the situation where normal driving is difficult, such as 0.138% alcohol concentration during blood while driving a motor vehicle with a gallon of B gallon in the direction of the Defendant, driving a motor vehicle, driving a gallon in front of the Seobol University in the direction of the racing along one lane from the west through the west through the gallon of the two-lane of the two-lane of the two-lane of the two-lane of the three-lane of the two-lane of the two-lane of the three-lane of the two-lane of the two-lane of the three-lane of the two alcohol. The Defendant was negligent in performing his/her duty of care at the front time in the front of the two-lane of the two-day of the two-day passenger vehicle.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with a galloning gallon under the influence of alcohol content of 0.138% in blood at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Report on the occurrence of a traffic accident, report on the detection of a driver in charge, report on the situation of a driver in charge, report on the collection of blood, consent to collection of blood, report on collection of blood from a drinking driver, response to requests for appraisal, application of each Act and subordinate statutes;

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

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

1. Selection of each sentence of imprisonment;

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution (in spite of the fact that the defendant was punished by a fine for the same kind of crime, this does not apply.)

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