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(영문) 춘천지방법원 강릉지원 2017.02.09 2016고단290
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) and is engaged in the operation of Lone Star Co., Ltd.

On September 25, 2015, the Defendant driven the said vehicle in the direction of the hospital located at the ordinary elementary school in the light of a situation where it is difficult to drive normally, such as under the influence of alcohol level of 0.238% under the influence of alcohol level in blood, 0.238%, while driving the said vehicle.

The Defendant, while under the influence of alcohol, caused the Defendant’s negligence by driving a eel in the front part of the Defendant’s knex knife knife knife and the knife knife knife knife knife knife knife knife knife knife knife knife knife.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. On the date and time set forth in paragraph 1, the Defendant driven a Bresch Rexroth under the influence of alcohol leveling 0.238% from the section of approximately 50 meters in alcohol level to the road from the front of the “Dan-si Son-ro” store to the front of the “Dju” store in the same city.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual condition and on-site photographs;

1. Report on whether to drive any danger and notification of the results of regulating drinking driving;

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

1. Relevant legal provisions and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the choice of punishment, and the choice of imprisonment with prison labor under Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

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

1. Article 53 of the Criminal Act for mitigation of amount;

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