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(영문) 대전지방법원 서산지원 2014.09.05 2014고단747
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Risk Driving) is a person engaging in driving a DNA cargo vehicle;

On July 1, 2014, at around 18:00, the Defendant driven the above cargo in a state where it is difficult to drive normally due to the influence of alcohol by 0.179%, while driving the vehicle, and driving in the vicinity of the bus stops located on the north-west of the Seosan City along one lane towards the fraud.

The Defendant, under the influence of alcohol, neglected to perform the duty of care to safely operate the vehicle in a safe manner, and infringed the central line, and f.o.b. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F., etc. on the opposite lane.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and caused the death of the victim E due to the pelke and brain damage at the victim E at the scene.

2. The Defendant violated the Road Traffic Act (driving) driving a DNA Poter cargo vehicle under the influence of alcohol of about 0.179% of alcohol concentration at a section of about 3km from the river parking lot near the high-speed household, Seosan-si, Seosan-si to the bus stop located in the front of the bus stop located in Seosan-si, Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

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

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to each on-site photographs and motion picture photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, the Selection of Punishment, etc., Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor;

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

1. The sentencing under Article 62(1) of the Criminal Act is as follows.

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