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(영문) 인천지방법원 2013.10.24 2013고단4339
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

【Criminal Force】 On July 11, 2013, the Defendant was sentenced to one year and six months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) at the Incheon District Court and two years of suspended execution, and the judgment becomes final and conclusive on the 19th of the same month

【Criminal Facts】 The Defendant is also a person who is engaged in driving of a passenger car.

On June 18, 2013, the Defendant, without obtaining a driver’s license at around 02:15 on June 18, 2013, operated the said vehicle with a blood alcohol concentration of 0.180%, and proceeds in front of the road No. 345, Nowon-gu, Seoul Special Metropolitan City, according to one-lane of the Gu Tri-dong shooting distance from the 345-dong nuclear hospital. However, the Defendant was negligent in failing to perform his/her duty at the front time while he/she was under the influence of alcohol so that he/she was unable to drive normally while he/she was under the influence of alcohol, and received the back portion of the victim C (the age No. 41)’s dRano 5 truck driver for the removal of waste in front of his/her car.

After all, the Defendant suffered salt and tensions from the Defendant’s occupational negligence, which require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Statement of the circumstances and report on the detection of such a driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Inquiry reports, such as criminal records, and report on the results of dispositions and verification, and the application of Acts and subordinate statutes for reporting criminal investigations;

1. The point of causing bodily injury to a dangerous driving of a motor vehicle for committing a crime; the point of a drunk driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment as a violation of the Road Traffic Act due to the crimes of violating each Road Traffic Act and the heavier punishment);

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Aggravation for concurrent crimes;

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