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(영문) 춘천지방법원 원주지원 2014.04.30 2014고단178
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 06:50 on February 20, 2014, the Defendant driven a Bdisberger car with a blood alcohol content of about 1.6 km from the road front of the '85 Doz. Doz. Doz. Doz. Doz. Doz., located in the Doz. Doz. Doz. Doz., the Defendant was under the influence of alcohol content of about 0.149% from the road front of the Doz. Doz. Doz.

2. The Defendant is a person who is engaged in driving a motor vehicle BDD with a view to violating the Act on the Aggravated Punishment, etc. of Specific Crimes.

On February 20, 2014, at around 06:50, the Defendant driven the said vehicle while under the influence of alcohol of 0.149%, and driven the said vehicle at the speed of 0.149%, along two-lanes from the port of the original correctional institution, the Defendant suffered injury, such as knee and open knee, etc., the victim C (55 years old) who entered the intersection without looking at the front side in a situation where it is difficult to drive the vehicle normally due to influence of alcohol, and went to the right-hand left-hand turn from the front part of the DNA character driven by the victim C (55 years old) who had entered the intersection as it is due to an occupational negligence, in violation of the stop signal, while driving the said vehicle at the speed of the Defendant as the front part of the Defendant’s vehicle, and driving the road at the speed of about three weeks in the front of the original correctional institution.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the actual survey report;

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 [the punishment shall be aggravated within the scope of the sum of the long-term punishments of the crimes concerning the death or injury caused by dangerous driving (the sum of the punishment specified for the crime resulting in the death or injury caused by dangerous driving)]; Provided, That the lower limit

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