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(영문) 전주지방법원 군산지원 2014.04.02 2014고단52

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

1. The defendant is a person who is engaged in driving a freight vehicle B in the case of violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

On December 23, 2013, 16:05, the Defendant: (a) while driving the cargo vehicle in front of the upper village of the Haak-gu, Hasan-si in the state of normal operation under the influence of alcohol by 0.130% in a state of under the influence of alcohol level; (b) while driving the cargo vehicle in front of the upper village of the Haak-gu, Hasan-si in the direction of the Haak-si in the direction of the Haak-si in the direction of the Haak located in the backwater, the Defendant: (c) neglected to perform the duty of Haak-si under the influence of alcohol; (d)

결국 피고인은 위와 같은 업무상 과실로 위 화물차의 조수석에 승차하고 있던 피고인의 처인 피해자 C(여, 51세)를 차량 밖으로 튕겨져 나가게 하여 피해자를 같은 날 22:20경 익산시 D에 있는 E 병원에서 다발성 골절로 인한 외상성 쇼크로 사망에 이르게 하였다.

2. Around 16:05 on December 23, 2013, the Defendant: (a) driven B Poter vehicle at a distance of about 2 km from the front of a restaurant in the Hasan-si in Hasan-si to the front of the same Eup/Myeon under the influence of alcohol level of 0.130%; (b) from the front of a restaurant in the Hasan-si; and (c) from the front of the same Eup/Myeon-ri village in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.