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(영문) 청주지방법원 충주지원 2014.11.21 2014고단299

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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning B and C;

1. Reports on the occurrence of traffic accidents;

1. The actual condition survey report;

1. On-site photographs of traffic accidents;

1. Notification of the control results of drinking driving;

1. The circumstantial statement of the employee;

1. Statement of observation of a drinking driver;

1. Application of each statute of diagnosis of doctor D, E, and F;

1. 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 Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

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

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes within the scope of the sum of the long-term punishments of the crimes as prescribed by the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the lowest sentence shall be applicable to the punishment determined for the violation of the Road Traffic Act, and that of the crimes as prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Article 62 (1) of the Criminal Act;

1. Determination of sentence of sentence in cases where illegality is serious in the basic area (including a person subject to special mitigation) of types 1 of general traffic accidents (4 to 10 months), the basic area (including efforts to recover damage) / Determination of sentence in the proviso of Article 3(2) of the School Specialized Act [Unfavorable circumstances]: The high level of blood alcohol concentration at the time of driving, the risk of drunk driving and the necessity of strict punishment [limited circumstances]: The fact that the defendant is dead and reflects the crime; the fact that the defendant is the primary offender; the fact that the victim was agreed with the victim B; and the fact that some money was deposited for the victim C/ [other] other circumstances that form the conditions of sentencing indicated in the record, such as the defendant’s age, character and behavior, occupation, home environment, etc.