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(영문) 대전지방법원 서산지원 2015.04.29 2015고단58

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

1. Around 23:50 on October 5, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) caused injury to the victim H (the age of 40) who was accompanied by the Defendant’s trucking freight vehicle, by shocking the part on the back of the G G G kept on the right side of the road where the Defendant was driving while driving the E truck under the influence of under the influence of 0.164% of blood alcohol level due to the Hanjin-ri-ri from the Hanjin-ri from the Hanjin-si bank.

2. Around 23:50 on October 5, 2014, the Defendant driven the said E-motor vehicle while under the influence of alcohol concentration of about 3 km from the front of the “Cheongri Village Cheongri-si, Mari-si, Mari-si, Mari-si,” to the front of the “D” road located in C, a place where the said accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and evidence and photographs of a traffic accident;

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 a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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 choice of imprisonment with prison labor as to the crime;

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 sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] is the basic area (including a person who is a special mitigation) (including a person who is a special mitigation) / The case where illegality in the proviso of Article 3(2) of the Act on Specialized School Regulations is serious.