beta
(영문) 대전지방법원 천안지원 2014.08.14 2014고단452

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant,

1. On March 4, 2014, at around 22:35, a person who is engaged in driving a motor vehicle takes a bath, string off the face, string off the string, string off the string, and a little string distance from the string to the string of the Hansung apartment with two-lanes in the Hansung apartment located in Asan City, where the normal driving of the motor vehicle is difficult due to influence of drinking, such as drinking, while driving a motor vehicle under the influence of drinking, etc., and driving the motor vehicle at the same time. Since the center line of the Hansung apartment is installed, a person who is engaged in driving a motor vehicle is obliged to thoroughly operate the motor vehicle at the string of the string line and to safely operate the string line, while neglecting the duty of care to safely operate the string line, and taking the front part of the motor vehicle in front of the victim C (the victim C(the victim C's age 41) who was driven with the center line, and suffered an injury to the victim.

2. At the time and time, as described in paragraph 1, he/she driven a car B groke in the state of under the influence of alcohol concentration of about 0.107% from the front road of the Hansung apartment, which is located in Asan-si, Asan-si, 101, to the front road of the apartment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of Chapter X to traffic accident reports, reports on the detection of drinking drivers, inquiries into the results of the control of drinking driving, circumstantial statements of drinking drivers, diagnosis reports, and field photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of running a motor vehicle on the market), and the choice of imprisonment with prison labor for each crime;

1. The sentence of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes shall be heavier;