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(영문) 대전지방법원 논산지원 2014.07.29 2014고단140
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten 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;

Reasons

Punishment of the crime

On April 6, 2014, at around 19:30, the Defendant driven a D-wing truck with a blood alcohol concentration of 0.142% without a driver’s license, and proceeds from a road of one lane in front of the bus stops at the front of the bus stops at New Heung-ri, the bus stops in front of the bus stops at the right side to the right side of the port, in a situation where normal driving is difficult due to the influence of drinking, and proceeds from the occupational negligence of the victim E (n, 40 years old) who stops at the right side and the right side while normal driving is difficult due to the influence of drinking, and received the back portion of the driver’s vehicle in front of the Defendant’s freight.

As a result, the Defendant inflicted an injury on the affected party E, such as catitiss that need to be treated for about two weeks, and the injured party G (ma, 13 years old) who was accompanied by the injured party E-car for about two weeks, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Application of the respective Acts and subordinate statutes to the actual condition survey report, each photograph, a report on detection of a host driver, a report on the circumstantial statement of a host driver, each medical certificate, and the register of driver's licenses (section 53 of the Investigation Record); and

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license") of the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereafter referred to as the "Aggravated Punishment, etc. of Specific Crimes" in the corresponding Act on the crime, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act

1. Articles 40 and 50 (Mutual Crimes against Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Violation of the Road Traffic Act and the violation of the Road Traffic Act) of the ordinary concurrent crimes;

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. Probation;

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