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(영문) 청주지방법원 2013.11.12 2013고단634
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 13:10 on March 20, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol at a three-lane in front of the Hyundai Oil Station in the Cheongju-dong, Jeonju-dong, with a blood alcohol concentration of 0.238%, and was under the influence of alcohol, and proceeded with the E EXE car on the surface of the outer air route at the rate of 0.238%. Around the same room, the Defendant was under the influence of alcohol at a three-day speed in front of the said EXE car. Around the same time, the Defendant was under the influence of the said EXE car, which the victim D (Nam, 25 years old), driving prior to the same room, and subsequently discovered the E EXE car in front of the traffic signal, and caused the victim D to suffer from the injury to the victim, such as light 2, 3, and 3,000.

2. On the date and time set forth in paragraph 1, the Defendant driven an observer car as set forth in paragraph 1 1 km over about 1 km from the Do to the 3rd distance in front of the modern oil station in the Cheongju-si, the house in the Cheongju-si, a considerable amount of 0.238% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared D and F;

1. Application of Acts and subordinate statutes, such as a fact-finding survey report, a first-dong measure report, photographs, circumstantial report on a host driver and a report on detection;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes against the Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up organs);

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.

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