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(영문) 춘천지방법원 원주지원 2014.04.22 2014고단187
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. On February 10, 2014, the Defendant: (a) driven B K5 car in the state of alcohol alcohol alcohol concentration of about 0.139% at a section of about 1km from the front line of “heat of the old city,” located near the land and culture park located in the short-gu Seoul Metropolitan City, Nowon-gu, to the front road of the short-term elementary school located in the same Dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B K5 vehicle;

On February 10, 2014, the Defendant driven the said vehicle while under the influence of alcohol 0.139% of alcohol concentration at a 0.139%, and proceeds from two lanes to the home fluor from the right edge of the short-term elementary school located in the short-term short-term drive in the original city at one week. The Defendant was negligent in the course of business entering the intersection in violation of the stop signal without thoroughly examining the front side in a situation where normal driving is difficult due to influence of drinking, and caused the victim C (21 years old) who is driving in accordance with the new subparagraph to the right edge from the left side of the Defendant’s running direction, by taking the front side of the Defendant’s vehicle and taking about two weeks to the victim as a part of the left side of the Defendant’s driving.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the report on the proper launch of an employer, report on whether to drive any danger, and written diagnosis of injury;

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. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Article 38 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, the aggravation of concurrent crimes within the scope of the sum of the long-term punishments of two crimes prescribed for the crime resulting in death or injury at risk]:

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