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(영문) 광주지방법원 해남지원 2015.01.14 2014고단271
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from DD Driving) is the driver of Eone Star or Embscopon owned by the Defendant. On March 24, 2014, at around 20:0, the Defendant was under the influence of alcohol of 0.192% at the victim’s residential paralysis located in E, Namnamnam-gun, Namnam-gun, and was driven by negligence in the course of driving a vehicle while it is difficult to drive a vehicle normally under the influence of alcohol, due to the negligence in the course of driving the vehicle while driving the vehicle under the influence of alcohol. The Defendant was under the influence of alcohol, and was under the influence of alcohol, she was under the influence of alcohol, and was under the influence of alcohol, and was under the influence of alcohol, she was under the influence of the victim following the merger of the said passenger and the victim was under the influence of the vehicle with the front wheels of the driver’s seat, and then repeated the victim’s back to the road.

2. On March 24, 2014, the Defendant violated the Road Traffic Act (driving) is a driver of Lone Star or Gohap, and on March 24, 2014, the Defendant driven a dysa or kysa while under the influence of alcohol at approximately 0.192% of the blood alcohol concentration on the side of the opening reservoir located in this item from the end of the residence of the victim in the Namnamnam-Gun, Namnam-gun, Namnam-gun on March 24, 2014 to the end of the first road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Requests for appraisal by the State and the original appraisal;

1. Application of related Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. The reason for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes (the scope of recommendations) [the scope of recommendations] shall be the aggravated area (the injury caused by traffic accidents between August and June) of the first type of general traffic accident.

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