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(영문) 광주지방법원 2014.12.04 2014고단3734
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) (hereinafter “Dangerous Driving”), the Defendant, as a person engaged in driving a B Committee and a driver car, was driving on July 30, 2014, at around 23:50, 16-11, a two-lane gate, located in the eropo-gun of the eropo-gun in the erode of the erode, ero

At the same time, the center line and the center separation cost of the yellow-ray are installed, and the defendant engaged in driving duty has a duty of care to not be drunk for the defendant and to proceed to the right side of the center line.

Nevertheless, the Defendant, while under the influence of alcohol level 0.150%, driven the said vehicle under the influence of alcohol level 0.150%, and driven the said vehicle to the left part of the center line by driving it on the left part of the center line. By negligence, the Defendant suffered from the Defendant’s injury, such as salt, tension, etc. in need of treatment for about three weeks on the left part of the Defendant’s vehicle, by taking out the part on the left side of the victim C(51) (51) driving the said vehicle from the right side of the two-lanes of the said road to the surface of the rooftop.

2. The Defendant was under the influence of alcohol level of 0.150% at the same time and at the same place, on the one hand, driving a B windowaton car at approximately 5 km.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. The actual condition of traffic accidents;

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

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate for a victim);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Criminal Act.

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