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(영문) 대전지방법원 논산지원 2014.01.28 2013고단431
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight 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 September 9, 2013, the Defendant: (a) was under the influence of alcohol of 0.159% by driving C Eccoo vehicle at a 0.159% alcohol level; (b) was driving C in front of the Korean Ecoo-dong in Ecoo-dong in Ecoo-dong in Ecoo-dong in Ecoo-si; (c) was under the influence of drinking; (d) was under the influence of drinking; (e) was under the influence of drinking; (e) was under the influence of alcohol; and (e) was under the influence of the vehicle without accurately manipulatinging the steering gear and operating device of the vehicle; (e) was under the influence of drinking; (e) was under the influence of the vehicle; and (e) was under the influence of the victim D (Nam; 44 years old) who was under the influence of the signal stop at Ecoo-dong; and (e) the part was under the influence of the vehicle

As a result, the Defendant suffered injury to the victim D, such as salt, tensions, etc., in need of a medical treatment for about three weeks, and injury to the victim F (F, South and 47 years of age) who was on board the damaged vehicle, such as clocks, tensions, etc. in need of a medical treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Application of each entry in the actual condition survey report, field photograph, etc., report on the detection of a primary driver, report on the circumstantial statement of a primary driver, and each written diagnosis or video statute;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving a sound driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the above crime against victims D with heavy crimes among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving));

1. Selection of imprisonment with prison labor chosen;

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. Probation;

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