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(영문) 대구지방법원 김천지원 2013.10.02 2013고단938
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

On June 14, 2013, at around 03:45, the Defendant: (a) while driving a BM7 vehicle on duty in front of the P&7 vehicle under the influence of alcohol level of 0.202% in front of the P&7 vehicle in the Gu, while driving from the string distance to the direction of the house, the Defendant received a part adjacent to the left side of the victim C(53 years old), who was directly left from the 1st apartment complex side of the B&7 vehicle due to the normal signal due to his occupational negligence in violation of the signal in the state of drinking, was driven by the front part of the said SM7 vehicle.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the c, tensions and tensions in need of approximately three weeks of medical treatment, and the injury to the victim E (the victim, who was the passenger of the victimized vehicle, about 39 years of age) in light of the trend that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, a report on the actual state of a driver, a report on the occurrence of a traffic accident, a report on the actual state of a driver, and a survey report on actual state;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., agreement with the victims, the victims do not want punishment of the defendants, the fact that the automobile comprehensive insurance contracts are purchased, and there is no criminal record);

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