beta
(영문) 전주지방법원 정읍지원 2013.08.13 2013고단283

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to a fine of one million won for the violation of the Road Traffic Act at the Suwon District Court on November 28, 2008 and was sentenced to a fine of one million won for the same criminal and two times.

【Criminal Facts】

The Defendant is a driver of the press mix B.

피고인은 2013. 04. 28. 13:01경 혈중알콜농도 0.218% 술에 취한 상태로 전북 부안군 줄포면 줄포리에 있는 제주쌈밥 사거리 노상을 줄포면사무소 방면에서 보안면 구영전 방면으로 편도 1차로를 따라 진행하게 되었다.

At the same time, on-and-off lights are operated and the passage of ordinary vehicles is frequent, a person engaged in driving service has a duty of care to check the traffic situation of the intersection and to prevent accidents by checking the safety of the traffic situation of the intersection through temporary suspension or slowly driving prior to the entry into the intersection.

Nevertheless, the Defendant neglected to drive under normal conditions due to influence of alcohol and neglected to do so, and led the victim C(32 years of age) driver's vehicle in the direct direction of the proceeding, which is going to the right side of the proceeding.

After all, the Defendant suffered injury to the victim E (V, 33 years of age) who is the passenger of the victim C and the damaged vehicle due to the foregoing negligence, such as fluoral salt in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A written statement and each written diagnosis;

1. A report on detection of a host driver;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., references to criminal records, etc., amounts of dispositions, previous records, and reporting results;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 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. The former part of Article 37 of the Criminal Code among concurrent crimes.