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(영문) 대전지방법원 논산지원 2013.06.14 2013고단65
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

The Defendant, at the Seoul Central District Court on May 29, 2007, was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act, and on December 27, 2010, was sentenced to a summary order of two million won or more as a crime of violating the Road Traffic Act at the Daejeon District Court on December 27, 2010, by receiving a fine of two million won or more.

On February 10, 2013, while the Defendant was under the influence of 0.097% of blood alcohol concentration at 0.40%, the Defendant was driving B Costex vehicle in front of the annual acid distance located in the E (Nam, 48 years old) in the C (Seoul, South, 35 years old) driving due to influence of alcohol, and was driving at the front of the Defendant’s driving vehicle in front of the Defendant’s driving vehicle while he was under the influence of alcohol, the Defendant was negligent in the course of business, as long as he neglected the former driving in the situation where it is difficult to drive normally due to influence of alcohol, and caused the latter to receive the latter part of the D) driving vehicle in front of the Defendant’s driving vehicle in E (Seoul, and 48 years old).

As a result, the Defendant suffered injury to the victim C, such as catitiss that need to be treated for about two weeks, injury to the victim G (V, 36 years of age) who was on board the said Latson car for about two weeks, and injury to the victim E, such as catitiss and tensions that need to be treated for about two weeks, and injury to the victim E, such as catitiss that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each police statement in C and E;

1. Application of the Acts and subordinate statutes as stated in the actual condition survey report, report on detection of a host driver, circumstantial statement of a host driver, and investigation report (attached with a medical certificate, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving a sound driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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