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(영문) 춘천지방법원 원주지원 2013.06.12 2013고단193
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On April 4, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving a B golf vehicle under the influence of alcohol concentration of 0.149% on blood alcohol level on April 4, 2013, and driving the intersection in front of the office located at the original city level from the wing-in apartment at the right side of the wing-in apartment at the front of the front city at the front of the front city at the front of the front city. As a result, the Defendant suffered injury, such as an escape certificate, etc. of the Kan knop vehicle driven by the victim C (39 years old) driving on the right side of the left side of the said golf vehicle due to an occupational negligence that makes it difficult for the victim to drive normally due to influence of drinking.

2. Around 01:10 on April 4, 2013, the Defendant driven a B golf vehicle under the influence of alcohol content of about 700 meters from a section of approximately 700 meters in the direction of blood alcohol content to the front road of the post office of salary and volcanic in the same location, from the beginning of the B golf vehicle located in the original-si phase.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A report on detection of a drinking driver, a report on risk driver, and an appraisal report on blood alcohol;

1. Application of statutes on site photographs and diagnostic certificates;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, Article 148-2 (2) 2 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act (see, e.g., the fact that the defendant reflects the wrongness of the defendant

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