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(영문) 전주지방법원 2015.02.13 2014고단2161

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person engaging in driving a rocketing car.

On November 1, 2014, when the Defendant was under the influence of alcohol at 0.195% of blood alcohol concentration, and continued to drive the above vehicle in front of the beauty e-car, e-mail apartment, which is in front of the e-mail e-mail e-mail in the front of the front of the front city at the front city, from the moving intersection to the seat of the new e-car hospital. Under the circumstances where normal operation is difficult under the influence of alcohol, the Defendant was negligent in performing the duty of front e-mail, and was under the duty of front e-motor vehicle due to occupational negligence of the victim D (28 years old) who was under the influence of a stop due to e-mail signal at the back of the fore-round, 2014, and continued to receive the front part of the said part of the victim F (59 years old), with the end of the said vehicle being sealed in the future.

Therefore, the Defendant suffered injury to the said D, such as dynasium, tension, etc., which requires approximately three weeks of treatment, and dynasium, which requires approximately two weeks of treatment to the said F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. The actual survey report and on-site photographs;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A report on whether to drive any dangerous motor vehicle;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes against Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving

1. Selection of each sentence of imprisonment;

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

1. The confession under Article 62(1) of the Criminal Act, the fact that the victims and the victims have reached an agreement smoothly, and the vehicle of this case is the vehicle of this case.