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(영문) 광주지방법원 목포지원 2013.06.13 2013고단652
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who drives a B-End-Wurt Motor Vehicle.

On February 24, 2013: (a) the Defendant driven the said car under the influence of alcohol of 0.138% around 03:50%, and driven the said car along the instant two-lanes from the 3rd square square to the 3rd two-lanes from the 3rd road of the Calton Standa in the middle of the 2nd two-lanes; (b) while it is difficult for the Defendant to operate the steering direction and the brake system under the influence of alcohol, and it is difficult for the Defendant to carry out the operation time of the steering direction and the adjustment of the power thereof due to the occupational negligence of the Defendant’s direct violation of the signal, and thereby, received the part on the front part of the Do taxi that entered the intersection in accordance with the new subparagraph from the left part of the Defendant’s running direction to the left part of the said Don-do motor vehicle.

As a result, the Defendant suffered injury to the victim C, such as an electronic dynas, which requires approximately 16 weeks of medical treatment, injury, such as crynas, crynas, etc., to the victim E (ma, 41 years of age), who is the passenger of the said taxi, for about 6 weeks of medical treatment, and injury to the victim F (F, South, 28 years of age) who was on board the auxiliary seat of the said car at the above Abdon dynasium for about 9 weeks of medical treatment.

Summary of Evidence

Application of Acts and subordinate statutes to the Defendant’s legal statement, C’s police statement, actual condition survey report, accident photograph, blood alcohol appraisal report, and each medical certificate

1. Injury resulting from a dangerous driving of each Article of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes.

3. Selection of each sentence of imprisonment with prison labor ( Considerations, such as the negligence of the accused, the injury of the victims, and the record of being fined due to drinking driving).

4. The lower limit of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which shall apply to the aggravation of concurrent crimes.

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