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(영문) 대전지방법원 논산지원 2014.01.21 2013고단465
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 28, 2013, under the influence of alcohol level of 0.219% on blood alcohol level at around 17:39, the Defendant was driving a BluxG car, and was driving the D SM5 car in front of the victim C (niff, 38 years old) who was under the influence of alcohol level, and was driving the Defendant driving the Defendant at the front part of the vehicle driven by the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt dynasty, which requires treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Application of the respective Acts and subordinate statutes to the actual condition survey report, field photographs, report on detection of a host driver, report on the circumstantial statement of a host driver, medical certificate, and each entry or video;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle at risk) of the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the lowest limit shall be that determined for the crimes of violation of the Road Traffic Act, and it shall be that determined, and the long-term punishment for two crimes shall be aggregated];

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of punishment: Imprisonment with prison labor for not less than six months to not more than six years (elective of imprisonment, double imprisonment for concurrent crimes, and discretionary mitigation);

2. Sentencing Sentencing [Determination of Penalty] Sentencing Sentencing : Traffic Crime Group, General Traffic Accident Type 1 (Bodily Injury resulting from Traffic Accidents) : Imprisonment with prison labor for up to one month to one year and six months: None of special mitigation factors.

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