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(영문) 대전지방법원 천안지원 2013.12.20 2013고단1445
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B sod;

On October 4, 2013, the Defendant was under the influence of alcohol of 0.241% on blood alcohol level at 01:00, and the Defendant was driving from the gamb in the new-end, Yannam-gu, Yanandong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong(s) with the victim's DNA motor bicycle waiting for the signal at the front section of the said vehicle and suffered approximately two weeks of light dial fluor

At the time, the defendant, under the influence of alcohol, snickly sniffed, did not normally speak, and the face color was red.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

2. On October 4, 2013, the suspect of violation of the Road Traffic Act and the Road Traffic Act (unlicensed driving) were under the influence of alcohol of 0.241% on blood alcohol level at around 01:00, and without the driver’s license, the suspect was driving the said B A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. C’s statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to the driving license ledger;

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. Articles 40 and 50 of the Criminal Act are the ordinary concurrences (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act).

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