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(영문) 창원지방법원 2013.11.12 2013고단1768
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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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

On April 25, 2013, the Defendant was under the influence of 01:04% of blood alcohol level 0.169%, and the Defendant was driving a new-burged vehicle B at the speed of 0.1,00, and continued to drive a two-lane road in the Jinhae-gu, Jinhae-gu, Changwon-si, at a speed of about 220 km from the direction of the Jinhae-gu, the Defendant was under the influence of alcohol level, and the Defendant was under the influence of alcohol, and the Defendant continued to drive a two-lane road in the direction of the Jingu, Jin-gu, Seoul-si, and continued to drive a two-lane road in the speed of the Jingu, the Defendant was under the influence of alcohol at a speed of about 160 km, and the Defendant was under the influence of the victim’s vehicle in the front direction of the victim’s 24 years old-day operation in front of the said E-day operation, and then the victim was under the influence of the victim’s.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A traffic accident report, on-site photographs, and images of the publicly-used closed-circuit photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is the defendant's normal influence of drinking.

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