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(영문) 대구지방법원 경주지원 2016.10.13 2016고단358
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. Around 19:20 on March 31, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by dangerous driving) caused injury to the victim, such as fluoral knife, etc., by taking the part of the front part of the Dwork XG of the victim C driving, which was fluored by the negligence of the central line while driving the central line while it is difficult for the victim to drive a car normally, while driving the two North Korean health centers located in the right side of both North Korean and North Korean at the time of racing along one lane from the king hot spring.

2. The Defendant, at the time and place specified in paragraph (1) of the Road Traffic Act, driven the breath truck with the blood alcohol concentration of 0.136% under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes, such as reports on the occurrence of traffic accidents, actual condition survey reports, accident photographs, notification of the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and medical certificate;

1. Relevant 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 concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, such as the fact that the defendant has repented his mistake in depth, the fact that the

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