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(영문) 광주지방법원 2013.03.26 2013고단308
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant is a person who is engaged in driving a B carren vehicle.

On December 8, 2012, at around 00:25, the Defendant was under the influence of alcohol level of 0.218%, and the Defendant was unable to drive normally due to the degree of the body being unable to accumulated. However, while driving the said vehicle, the Defendant was unable to accurately operate the steering direction and brakes of the victim D (at the age of 28) coming from the front direction of the Defendant’s driving vehicle due to the negligence of failing to properly operate the steering direction and brakes without properly examining the front direction and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the victim D (at the age of 28) coming from the front direction of the Defendant’s driving vehicle.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby resulting in the Defendant’s injury of “scarcity, tension, etc.,” which requires two weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A traffic accident report (1), on-site photographs;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of types] Traffic Crime: General traffic accident in 01.

1. Injury to a traffic accident (special sponsor) - Where illegality in the proviso of Article 3(2) of the Act on the Special Treatment of Persons under Special Characters is serious, - In the event of minor injury of a special mitigation (type 1), the injury has been serious to recover from the damage caused by a punishment unad hoc.

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