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(영문) 대전지방법원 2016.08.10 2016고단1241

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2016, the Defendant driven Ci30 automobiles with alcohol content of 0.268% in a state where normal driving is difficult due to influence of alcohol while driving at around 05:10% of alcohol, and got D to suffer injuries from the Defendant’s treatment of the victim, who is a passenger on board the said taxi, during the two middle schools crossings from the area of Daejeon U.S. P. P. and the 3 future N. K.N. to the two middle schools. On March 15, 2016, the Defendant did not properly check the course signal to the intersections, while driving the said intersections to the two middle schools. The Defendant got D’s treatment of the victim, who is the passenger on board the said taxi, in the direction of the Defendant, using the front part of the victim’s Estststy taxi in the front part of the victim’s driving in the direction of the Defendant’s way to stop.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Postal records with D;

1. A report on the actual condition of traffic;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The injury of victims, the injury of drinking drivers, the personal records of drinking driving, and the circumstances that are considerably favorable to the high drinking volume of this case: A motor vehicle comprehensive insurance is subscribed, and D and G among the victims are not punished.