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(영문) 대구지방법원 김천지원 2013.04.25 2013고단243
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

On February 27, 2013, at around 04:10, the Defendant: (a) driven a BM3 car while under the influence of alcohol of 0.206% with a blood alcohol concentration of 0.206%; (b) while driving the BM3 car on the side of the export tower along the two-lanes in front of the distance of the tax office located in the Gu-U.S.A.A., the Defendant divided the two-lanes from drinking conditions into the Gu-U.S. vehicle; (c) while neglecting the duty of her driving at the front line of the same lane while it is difficult for the Defendant to drive the vehicle at a normal time due to negligence in the course of his/her duty, such as the distance between walking and walking distance, the Defendant was able to take the part of the DVer for the victim C (49 years of age) and the back of the passenger vehicle

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, suffered injury, such as cerebral sugar, salvinal salt, etc., which requires approximately two weeks of medical treatment to the said C by negligence on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report, photograph, actual condition survey report, and on-site photograph on the occurrence of a traffic accident;

1. Report on detection of a drinking driver, report on the status of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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 the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (limited to the sum of the crimes resulting from the death or injury resulting from a dangerous driving) with heavy penalty, and the minimum sentence shall be applicable to the punishment that is provided for the violation of the Road Traffic Act];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. An order to attend a course;

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