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(영문) 전주지방법원 2018.08.14 2018고단512

특정범죄가중처벌등에관한법률위반(위험운전치사)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 23, 2011, the Defendant was sentenced to five years in Seoul Southern District Court due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and completed the execution of the said sentence on October 30, 2016.

Criminal facts

1. The Defendant is a person who is engaged in driving a DNA car.

On December 14, 2017, at around 03:29, the Defendant driven the said car in a state where normal driving is impossible due to drinking, and driven it to the left-hand side at the center of the Korean National Highway No. 23, which was contributed to Kim Jong-si, Kim Jong-si, the front part of the victim E (W, 39 years old) driving, which was driven by the victim E (W, 39 years old) driving, led to the death of the victim at the site of the external shock.

2. On December 14, 2017, the Defendant was driving a motor vehicle in a state under the influence of alcohol concentration of about 20 km by 0.14% from the influent place located in Yansan on December 14, 2017 to the intersection of the national highway No. 23, which was credited under Kim Jong-si, Kim Jong-si, with a view to alcohol leveling to 0.14%.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. On-site report (to attach a photograph of video images of the Mebox 1 Track's Sheet);

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. A report on whether to drive any danger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (reficiant confirmation);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning criminal facts and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with labor);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing in the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations].