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(영문) 대전지방법원 2013.09.26 2013고단2532
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The Defendant is a person engaging in driving Cunst Motor Vehicle.

On June 18, 2013, the Defendant driven the said vehicle under the condition of 0.236% of alcohol concentration in blood, and got off the entrance intersections of the main apartment in the Geumsan-gun, Geumsan-gun, Geumsan-gun, Geumsan-gun, by driving the said vehicle at a unanimous rate of 0.236% on June 18, 2013, and caused the Defendant to treat the victim D (the age of 48) who was under a stop in order to cross the traffic at the front direction of the course of the operation of the vehicle at the time of operating the vehicle by neglecting the duty of front-time driving in the state where it is difficult to drive normally due to influence of drinking, and without operating the steering gear properly, due to the occupational negligence and caused the victim D(the age of 12) and the victim D(the age of 2) who was under the influence of the said vehicle at the front direction of the driver's seat of the said vehicle at the time of the operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Traffic accident report and accident report of an employer-employed driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment with prison labor as above);

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order, despite the fact that the defendant had been punished for driving under drinking, etc. several times of drinking, resulting in the accident of this case during drinking, and suffered injury to the victims. In light of the high drinking level, the defendant's responsibility for the crime is heavy.

However, due to the instant accident.

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