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(영문) 전주지방법원 2014.10.08 2014고단1221

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

[criminal power] On November 6, 2012, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Jeonju District Court on November 6, 201, and KRW 700,000 as a fine in the same court on November 8, 2006.

【Criminal Facts】

The defendant is a person who is engaged in driving a B AR car.

Although the Defendant had a history of drinking driving two or more times as in the foregoing criminal records, on July 19, 2014, while driving the said vehicle under the influence of 0.131% of alcohol concentration at around 23:20, a normal driving is difficult due to the influence of alcohol, but driving the said vehicle on the left-hand side of the three-lane front of the three-lane motor vehicle located in the front of the front front of the front front of the front city at the front city, and driving the motor vehicle on the right-hand side along the right-hand side. The Defendant was negligent in neglecting the duty of front-way, and received the part of the victim C (n, 45 years old) driving of the victim C (n, 45 years old) who started the signal at the front of the front.

The Defendant suffered injury to the victim E (the 45 years of age) who is the same passenger of the above Da and the above Baga vehicle due to occupational negligence as above, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. Vehicles and accident 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. Each written diagnosis;

1. Previous records: Criminal records and other inquiry reports, and the application of Acts and subordinate statutes attached to a summary order of the same crime;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1 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 (limited to the crimes of death or injury resulting from dangerous driving).

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.