beta
청주지방법원 2015.01.16 2014고단1610

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On November 2, 2014, the Defendant, while under the influence of 00:15 on alcohol level 0.139% from blood alcohol level, driven B-low-income cars, and led to a road of one-lane in front of the Minewon High School in the direction of the original intersection from the boundary of the Gwangjin-gu Office.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so a person engaged in driving service has a duty of care to safely drive the motor vehicle by living well in the front line and by maintaining the tea line.

The Defendant, while under the influence of alcohol to the extent that the face is red and her face is so liquid that it can not be properly done, she shocked the part above the left side of the victim C(30 years old) driver's vehicle driving on the MaK5 driver's vehicle that was driven on the mast-in opposite vehicle.

As above, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of alcohol due to the influence of alcohol, and suffered injury, such as salt pans, tension, etc., by driving the said car and the victim E (30 years of age) who was on board the said car.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

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

1. Report on detection of a host driver and report on the circumstances of a host driver;

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, and Articles 148-2 (2) 2 and 44 (1) 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 imprisonment with prison labor chosen;

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. The reason for the sentencing of Article 62-2 of the Criminal Act, including probation and community service order and order to attend a lecture, is the same crime, and the crime of this case is again committed.