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(영문) 춘천지방법원 원주지원 2014.05.20 2014고단244
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 22, 2014, at around 19:25, the Defendant driven C Poter vehicle without obtaining a driver’s license in the state of alcohol alcohol concentration of about 500 meters from the front of the “Yancheon cafeteria,” located in a school gate near the public road in the Gangwon-do, Gangwon-do, to the front of the public school in the same Ri, from around 500 meters to the public school near the public road in the same Ri.

2. The defendant is a person who is engaged in the driving of the vehicle C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On March 22, 2014, the Defendant driven the above vehicle while under the influence of 0.211% of alcohol concentration of 19:25, the Defendant sustained an injury, such as a conjection dumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumum, etc., leading to a three-lane road in front of the public middle school in the vicinity of the public road in the Hanwon-gun-gun, the Hanwon-gun-gun, which was driven by the victim D (n, 48 years old) who was drinking in the front of the vehicle of the Defendant, while normal driving is difficult due to influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as the circumstantial statement of a drinking driver, report on whether to drive any motor vehicle, the ledger of driver's licenses (A), and medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. The kind of punishment shall be chosen, and the punishment shall be imprisonment;

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