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(영문) 대전지방법원 2015.10.20 2015고단2257
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

The Defendant is a person who is engaged in driving a K5-car.

On June 11, 2015, the Defendant driven the said car while under the influence of alcohol of 0.206% of the blood alcohol concentration around 23:10, and driven the said car at a speed of one-lane from the 3-lane to the scarkenam-dong of Daejeon-dong, the Yannam-gu Yannam-gu Yannam-gu Yandong-dong.

During that, while under the influence of alcohol, the victim C(57 years old) who was parked in the signal at the front of the vehicle due to negligence in the course of duty while driving the vehicle in a state of difficulty, such as red and irregular distance, was driven in front of the above K5 vehicle.

Therefore, the Defendant suffered injury to victims E (the age of 52) by getting victims E (the age of 52) who were on board the said taxi to receive approximately two weeks of medical treatment, such as the bones, bones, salt, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate (C);

1. A written confirmation of hospitalization (E);

1. Application of Acts and subordinate statutes to written reports on running a driver;

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

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 lowest 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 (the fact that vehicles of the defendant are covered by comprehensive automobile insurance and reflects the depth thereof, etc.);

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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