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(영문) 대전지방법원 논산지원 2014.12.23 2014고단419
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On July 5, 2014, at around 21:20, the Defendant driven a B-learning car with a blood alcohol concentration of 0.143%, and proceeds from the road, which is located in the Yannam-gun of Chungcheongnam-do, Yannam-do, the Defendant was in the front part of the Defendant’s car, by negligence in the course of duty, which was driven by the center line while it is difficult to drive normally due to the influence of drinking, while driving the C-(n, 20 years of age) with the driving of the victim C(s) who was driven in the opposite opposite lane, was in the front part of the Defendant’s car.

As a result, the Defendant suffered from injury to the victim C, such as chest a chest, which needs to be treated for about four weeks, and injury to the victim E (V, 20 years of age) who was accompanied by the victim C’s car, such as the clothes, which need to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry of the police statements C and E;

1. Application of the respective Acts and subordinate statutes to descriptions or images, including a fact-finding report, each photograph, a report on detection of a host driver (investigative records, page 62), a report on the circumstantial statement of a host driver, a report on the request for appraisal, each medical certificate (investigative records, page 40, page 46, page 53), a map photograph;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a crime against C of a victim who violates the Act on the Aggravated Punishment, etc. of Specific Crimes and is heavier than the punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the lowest limit shall be that determined for the crimes of violation of the Road Traffic Act, and it shall be that determined, and the long-term punishment for two crimes shall be aggregated];

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

1. Matters concerning probation and order to attend a lecture, the probation, etc. under Article 62-2 of the Criminal Act;

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