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(영문) 대구지방법원 김천지원 2014.02.13 2013고단1756
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

On December 7, 2013, when the Defendant was under the influence of 0.254% of blood alcohol concentration at 0.254%, the Defendant was able to drive a two-lane vehicle, and was negligent in neglecting the duty of Jeoncheon-si in a state where normal driving is difficult due to the influence of alcohol, while driving the two-lane vehicle, and driving the two-lane vehicle in front of the cultural page in Kimcheon-si at Kimcheon-si from the side of Kimcheon-si, while neglecting the duty of Jeoncheon-si in a state where normal driving is difficult due to the influence of alcohol, the Defendant was able to drive the rear gate of the victim C (24 years old) who was in the atmosphere of traffic at the front of the vehicle of the Poter.

Ultimately, the Defendant suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks by negligence free of charge as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, on-site photographs, and a de facto survey report;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Internal Report - Application of the legislation to the submission of a victim's diagnostic report

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment, etc. for Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

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

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act [Determination of Punishment] - Injury by traffic accident in general traffic accident [Special Sentencing] - In case of occurrence of minor injury: In case of aggravation of punishment - In case of aggravation of punishment: Case where illegality in the proviso of Article 3(2) of the Education Specialized Law is serious (Determination of the recommended area] [the scope of the recommendation area] [the scope of the mitigated area] one month to six months [the general person] - In case of mitigation of motor vehicle comprehensive insurance - In case of aggravation of liability: Whether or not to suspend the execution of sentence] the same criminal record that does not correspond to repeated crimes (whether or not to suspend the execution of sentence] - Major reasons for reference: A negative special law.

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