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(영문) 춘천지방법원 2014.07.03 2013고단795
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On July 1, 2013, at around 17:50, the Defendant, without a driver’s license, driven a motor vehicle with B low alcohol content of 0.209% while under the influence of alcohol, was driven by a motor vehicle with B low alcohol content of 0.209%, and continued to proceed at a speed of about 73 km per hour from the 2nd page on the west side to the 39rd side of the Seocheon-si in Chuncheon City.

Since it is a road at the time, the defendant has a duty of care to reduce speed and prevent accidents by properly examining the front left left.

Nevertheless, due to the negligence of driving a vehicle in neglect, the part on the left back of the knife vehicle driven by the victim C (Nam, 38 years old) who was driving in the opposite direction of the defendant was taken into account as the part on the upper left side of the knife vehicle of the defendant.

As a result, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for him to drive normally, and caused the victim D(W, 72 years of age), and E(W, 38 years of age) who was on board the motor vehicle in the Ireland to cause two weeks of treatment period for each treatment period.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C;

1. A report on the occurrence of a traffic accident, a statement on the state of driving, a statement on the state of standing, a traffic accident report, and a register of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the crime;

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. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for both sides below) is that the Defendant is punished by a fine of five million won on May 13, 2013 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act

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