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(영문) 대구지방법원 김천지원 2013.11.07 2013고단1125

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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 05:30 on June 19, 2013, the Defendant driven a BM7 car under the influence of alcohol concentration of 0.19% on a blood alcohol level, and caused the death of the victim C(24 years old) on June 19, 2013, when driving the said car at a speed of about 70 kilometers per hour between the two lanes at the speed of about 70 kilometers per hour according to the two-lanes in the old-si-dong-dong side from the old-dong side, while driving the said car at a speed of about 5:52 minutes at the speed of about 70 kilometers at the speed of the city.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident report, and on-site photographs;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime (the occupation of a death resulting from dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of a

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

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

1. Probation and community service order, the reason for sentencing of Article 62-2 of the Criminal Act [Determination of Punishment] traffic accident resulting in general traffic accident [Special Punishment] - The factors for mitigation - Where illegality is serious in the proviso of Article 3(2) of the Education Specialized Act (determination of the recommended area] [the scope of the recommendation area] / In August to 1 year [the scope of the recommendation area] - In the case of free passenger under any subparagraph, the person who is engaged in a motor vehicle comprehensive insurance policy, serious reflectness, and no record of criminal punishment [whether suspended] - The reason for major illegal participation : In the case of the illegality of the proviso of Article 3(2) of the Education Specialized Act: the reason for major pride: