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(영문) 광주지방법원 2014.05.14 2014고단913
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The punishment of the accused shall be set forth in six 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 February 27, 2014, while under the influence of alcohol 01:30%, the Defendant driven a B K3 car with two lanes 209: (a) two-lanes in front of the C Apartment 209, located in the Gwangju mine in the direction of the horizontal zone at the speed of about 40km depending on two-lanes. In such a case, at night and at the same time, the yellow cell line has been installed with the center line at that time, so even though there was an occupational duty of care to care for a person engaged in driving a motor vehicle to safely drive the motor vehicle, the Defendant neglected to drive the motor vehicle due to the influence of alcohol and caused the victim to take care of the above part of the passenger’s left-hand part of the E-car of the victim D (the age of 44) who was waiting to turn to the left at the opposite lane due to the occupational negligence of driving the central line, and caused the victim to take care of the above part of the vehicle at the speed of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of a report on detection of a host driver;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of injury caused by dangerous driving as indicated in the judgment: The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) The point of drinking under the judgment: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. From among concurrent crimes, the punishment shall be aggravated within the scope of adding up the maximum term of the punishment prescribed in the first sentence of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to the maximum term of the punishment prescribed in the judgment on the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, and the minimum term of the punishment shall conform to the minimum term of the punishment determined for the crime of

1. Application of Article 62 (1) of the Criminal Act to suspended execution;

1. Scope of sentence (determination of type) traffic shall be general;

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