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(영문) 의정부지방법원 2014.01.10 2013고단3538
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) the Defendant is a driver of a motor vehicle with Centent C, and the Defendant is a driver of the said motor vehicle while under the influence of alcohol at around 16:45 on October 7, 2013, while driving the said motor vehicle while under the influence of alcohol concentration of 0.161%, and putting the said motor vehicle into a one-lane road in front of a one-lane 1 per cent per

In the course of driving about 10 km in the speed of the Si-rith of the beginning of the arboretum in the direction of the Si-rith of the beginning of the arboretum, due to the influence of drinking, the victim D (e.g., 63 years old), and E (n., 65 years old) who walked on the side of the road beyond the median line and walked along the road beyond the opposite direction, were injured by the occupational negligence of driving the vehicle while normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim E, such as a fluoral salt, which requires approximately 3 weeks of medical treatment, and a 11-day chest fluor, which requires medical treatment of the victim E, respectively.

2. The Defendant violated the Road Traffic Act (driving) at a section of approximately 300 meters away from the Do in front of the restaurant cafeteria in the front of the Gyeong-gun, the temporary border game set forth in paragraph (1) to the road in front of the 1st rith of the same side of the same road. The Defendant driven a Cresh vehicle with a alcohol level of about 0.161% under the influence of alcohol at a section of about 300 meters prior to the road.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E and D preparation;

1. Report on traffic accident 1 (Report on Actual Situation);

1. Report on traffic accidents 2;

1. A report on detection of a host driver;

1. Medical certificate (D, E);

1. Application of statutes on site photographs;

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

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

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