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(영문) 인천지방법원 2013.12.23 2013고단6791
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 9, 2013, the Defendant driven a B car with blood alcohol concentration of 0.183% in a state where normal driving is impossible under the influence of alcohol without a car driver's license, and continued to drive the C car's right side part of the C car which is parked on the left side of the progress while moving into an apartment house located on the right side of the C car located on the right side of the Defendant's car while driving from the right side of the C car at the right side of the C car from the right side of the C car at the right side of the vehicle at the right side of the Defendant's car and suffered about two weeks from the victim's front side of the Defendant's car.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. The actual condition survey report;

1. A report on detection of a host driver and a circumstantial statement;

1. Registers of driver's licenses;

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

1. The point of driving under influence of alcohol without a license under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment for a violation of the Road Traffic Act between the crimes of violation of each Road Traffic Act and the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment shall be aggravated within the scope of a punishment computed by adding up the maximum term of the punishment prescribed for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, to the term of the punishment prescribed for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 37 (1) 2 and Article 50 of the Criminal Act (the lowest sentence shall be applicable to

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act without any previous conviction sentenced to a heavier penalty than a fine, taking into account the fact that he/she has purchased a comprehensive insurance without weighting

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