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(영문) 대전지방법원 서산지원 2015.01.15 2014고단1029

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for six months.

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 who is engaged in driving two cargo vehicles B.

On August 9, 2014, the Defendant: (a) around 16:23, 2014, while driving the said vehicle under the influence of 0.123% of the blood alcohol concentration without obtaining a driver’s license; (b) while driving the said vehicle at a speed of 0.123% under the influence of alcohol, and driving the said vehicle at a speed of 80km from the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Traffic accident report, inspection note, report on detection of a drinking driver, report on the circumstantial statement of a drinking driver, and the register of driver's licenses;

1. Photographss related to traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the General Traffic Accidents Act: Type 1 (Bodily Injury resulting from Traffic Accidents) (Special Mitigation) (Special Mitigation) (Special Mitigation) / Indivating (including serious efforts to recover damage) / Indivating illegality in the proviso of Article 3(2) of the Special School Education Act.