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(영문) 광주지방법원 목포지원 2016.02.19 2015고단1262
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of 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 C-A-hurd motor vehicle.

On July 12, 2015, the Defendant driven the said car with alcohol content of 0.284% while under the influence of alcohol without a driver’s license on July 19:35, 2015, while driving the said car, which was driven by a mandatory insurance policy, and driving from the front section of the instant car, which was driven by the company in the middle industry in the middle industry in the vicinity of the future section, the Defendant was negligent in driving at the front section of the victim D (32 years old), who was under the influence of alcohol due to the negligence of failing to properly operate the steering and steering system, was found to late behind the instant car, and thus, received the front section of the said one-way car in the front section of the said half of the said Amarn vehicle.

After all, the Defendant driven a motor vehicle under the influence of alcohol that it is difficult to drive normally, and suffered from the injury of the victim E (28 years) and F (32 years) for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. The circumstantial report, the circumstantial report (whether to drive any danger) and the notification of the results of regulating drinking;

1. Each written diagnosis;

1. Registers of driver's licenses (Defendants) and mandatory insurance (C);

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Compensation Act (the operation of a vehicle with no mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (the aggravated punishment of a specific crime with heavier punishment) of the Criminal Act for the aggravated concurrent crimes.

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