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(영문) 대전지방법원 2014.12.18 2014고정1869

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 27, 2014, at around 00:15, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from DD Driving) received the full right part of the vehicle operated by the Defendant as a part of the front part of the vehicle driven by the Defendant, and suffered injury, such as the right-hand part of the 650cc format scopher, which is driven by the victim E (the age of 22) who is sent from the opposite direction while driving the vehicle at the center of D B, while the light with the face of 0.157% alcohol concentration is red, red, and several scoping distance is difficult to drive normally, such as walking.

2. The Defendant violated the Road Traffic Act (driving) driving a Dbeer or a car under the influence of alcohol with a blood alcohol concentration of 0.157% at the above date and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The actual condition survey report, the report on detection of a de facto driver, and the circumstantial statement of a de facto driver;

1. Application of the medical certificate, each photographic statute;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant is the first offender, and confessions and reflects in depth the crime.

In addition, although the degree of injury of the victim is serious, most damage is expected to be recovered due to automobile comprehensive insurance.

In this context, in consideration of all the circumstances such as the defendant's age, character and conduct, home condition, and circumstances after the crime, the sentence shall be imposed as ordered.