beta
(영문) 대구지방법원 김천지원 2013.06.13 2013고단390

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

At around 19:30 on February 2, 2013, the Defendant, as a business, driven a vehicle B with a blood alcohol concentration of 0.197% without a driver’s license while driving a vehicle with a difficulty of normal driving due to a car driving without a driver’s license, was driving in the front of the said vehicle B, which is located in the Won-gu Won-gu, Gosi-gu, Gosi-si from the original elementary school. However, while neglecting the duty of care without a driver’s license in drinking conditions and neglecting the duty of care at the front time in the same lane without a driver’s license, the Defendant was able to receive the back part of the victim C(44 years old) driver’s license in the front part of the said cargo.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the body of the body of the shoulder, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, on-site photographs, and a report on actual condition survey;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses, details of revocation thereof, and disqualified meetings of main office;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with respect to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment, and the lower limit thereof shall be based on the punishment prescribed for the violation of the Road Traffic Act).