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(영문) 대전지방법원 천안지원 2015.06.18 2015고단635

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On December 24, 2014, the Defendant driven the above passenger car and proceeded with two-lanes of the front side of the Seoan-gu, Seoan-si, Seoan-gu, Seoan-si, the Defendant was under the influence of alcohol 0.178% due to his occupational negligence, and was under the influence of normal driving due to the influence of alcohol 0.178%, and was under the influence of driving the car, and was under the influence of the driver’s license, and was under the influence of the driver’s license, the Defendant was under the influence of the victim E (the age 49) who was on the back of the said truck and was under the influence of the driver’s license. After that, the Defendant was under the influence of the victim beyond the road, and was under the influence of the victim, resulting in the Defendant’s injury, such as failing on the left side of the victim requiring approximately twenty-four (24) weeks medical treatment and cutting of hand trees.

2. On December 24, 2014, at around 03:35, the Defendant driven B rocketing car under the influence of alcohol of about 1km alcohol concentration of about 0.178% from the roads in front of the Sung-dong Sung-dong Sung-dong Seongbuk-gu, Seongbuk-gu to the roads in front of the same Gu C at the time of Yancheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on traffic accidents, actual condition investigation reports, and reports on occurrence of traffic accidents;

1. A report on detection of a drinking driver and a report on the circumstances of a drinking driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommendations] [the ground for sentencing] of Article 38(1)2, and Article 50 of the Criminal Act, where a serious injury (a person under special guard] has occurred in the increased area ( August to January 6) (a person under special guard] (a decision of sentence] of Article 37 of the Criminal Act, one of the cases (a decision of sentence), one of