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(영문) 춘천지방법원 원주지원 2013.08.28 2013고단441
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that 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

1. Around June 23, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) caused the injury of the said victim and the said francing vehicle to the said francing vehicle by driving a franc vehicle with a blood alcohol concentration of 0.22% under the influence of alcohol, and driving a two-lane road in front of the original francing school in front of the front francing movement from the right side to the south side market in one way at the right side of the short-gu, one-lane, while driving a two-lane from the right side of the original francing school in the direction of the vehicle under the influence of alcohol due to occupational negligence, which did not accurately operate the brake system in the situation where normal driving is difficult due to the influence of alcohol, thereby causing the injury of the said francing vehicle to the said victim and the said francing vehicle under the influence of the said franc vehicle.

2. Around 23:10 on June 6, 2013, the Defendant driven a bwing-line vehicle under the influence of alcohol content of approximately 1 0.222% from the 1km section from the 2nd-down road in the 2nd-down short-term driving of nuclear power to the front-round road of the original elementary school that is located in the same city movement.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A survey report and photographs of the actual condition, a report on detection of a driver, and a report on whether he/she will drive any danger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that the Defendant reflects the wrongness of the Defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the fact that the Defendant’s vehicle is covered by a comprehensive insurance, and the injury of the victims.

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