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(영문) 대전지방법원 2013.08.16 2013고단2437
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

On April 22, 2013, while under the influence of alcohol by 0.163% without a driver's license, the Defendant driven CMF5 car at a speed of about 70-80 km at a speed of about 70-km per hour among the two-lanes of the two-lanes in letter from the side of the measure source to the side of the tent.

The Defendant had a duty of care to refrain from driving a motor vehicle in a situation where normal driving is difficult due to negligence while driving the motor vehicle in a state where normal driving is difficult due to negligence while neglecting the duty of care, and led the victim to an injury requiring approximately two weeks of medical treatment due to climatic d (the age of 39) in front of the motor vehicle by driving the motor vehicle while driving the motor vehicle in a state where normal driving is difficult.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of the Act and subordinate statutes to the ledger of vehicle driving licenses and circumstantial statements made by vehicle driving drivers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated or Injury caused by Dangerous Driving) Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of sound driving) Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

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. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is minor, and the victim does not wish to be punished under an agreement while being subscribed to a comprehensive motor vehicle insurance, but the drinking value is considerably high, and occupational negligence is heavy, and the same criminal offense and fine are imposed twice, and the same suspended sentence and the same suspended sentence are transferred once.

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