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(영문) 대전지방법원 논산지원 2015.02.10 2014고단451
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On October 3, 2014, the Defendant driven a B-hand car under the influence of alcohol level of 0.149% on blood alcohol level on October 17:35, 2014, and received two-lanes of the upper parallel line of the national highway No. 23, which was located in the 23th parallel of the road at the front of the C-Won in the front of the C-Won in the front of the C-Won in the front of the C-Won in the front of the C-W on the front of the C-W on the part of the Defendant’s vehicle in the front of the C-W on the part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim C, such as non-alleys that need to be treated for about four weeks, injury to the victim E (Nam, 28 years of age) who was admitted to the Defendant’s car, such as the right frame, she was in need of medical treatment for about six weeks, and injury such as she was in need of medical treatment for about four weeks, and injury to the same victim F (Nam, 27 years of age) including non-alleys that require medical treatment for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C’s police statement;

1. Application of Acts and subordinate statutes to the practical survey report, each photograph, each photograph, a report on detection of a host driver, a report on the circumstantial statement of a host driver, a medical certificate, a criminal investigation report (inward No. 46 of investigation records), and each reply form, or other descriptions and video records;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes against victims E of the largest crime, among the crimes against violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving).

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [However, the lowest limit shall be the same as the punishment determined for the violation of the Road Traffic Act, and shall be the sum of the long-term punishments for the two crimes];

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