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(영문) 대전지방법원 2015.01.09 2014고단4153

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around November 15:28, 2014, the Defendant was under the influence of alcohol at a 0.183% alcohol level, and the Defendant driven a light apartment management office located in the Cheongju-si and the front road located in Sejong Special Self-Governing City City C from the front day of the light apartment management office at the Cheongju-si to D’s front road located in Sejong Special Self-Governing City.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) operated the said car at a speed of about 40 km from the side of the mouth to Daejeon at a speed of about 40 km per hour while it is difficult to drive the said car normally due to influence of drinking as above at the same time. The Defendant sustained injury, such as a large-scale sofarcing the front wheels of GT100 Oba, which is driven by the victim FF(52 years old), driven by the driver while neglecting his duty of care to operate safely and neglecting his duty of care to safely protect the bus.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] Traffic Crime Group, General Traffic Accidents (Type 1), Basic Field of Imprisonment with prison labor for 10 months from 4th to 10 months (decision of sentence] In the case of imprisonment with prison labor for 10 months, 2 years of suspended execution, and the case of illegality in the proviso of Article 3(2) of the School Special Rule that has no record of criminal punishment other than a fine on one-time basis, the heavy injury, high drinking water, high driving distance, considerable driving distance, considerable amount of punishment, automobile total insurance coverage, serious reflects, and social ties.