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(영문) 광주지방법원 순천지원 2012.12.13 2012고합525
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

The Defendant, at around 19:10 on November 2, 2012, was in a state of difficulty in normal driving due to influence of alcohol. However, while driving a car at CYa, the Defendant, while driving a car at CYa and driving a car at C, which is in the direction of CYari-gun, about 50km in the direction of CYari-gun in the direction of CYari-gun at the direction of the direction of the winding village at the direction of the winding. On November 2, 2012, the Defendant was negligent in failing to properly operate the steering gear at the front side of the road (72 years old), and the victim D (n, 50 years old) and E (n, 50 years old) who walk the side of the road at the front right-hand part of the said car, and caused D to suffer from injury to D on November 19:35, 201, due to injury to the brain and pulmonary injury caused by EM 2.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and E;

1. Inquiries about the results of crackdown on drinking driving;

1. A report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes to death certificates and medical certificates;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a crime against a victim D with heavy punishment);

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

1. Reasons for sentencing among concurrent crimes (aggravated increase within the scope of adding up the long-term punishment of two crimes prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment), Articles 37 (1) 2 and 50 (aggravated Punishment, etc. of Specific Crimes) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment with prison labor for one year to 31 years;

2. Basic crimes:

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