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(영문) 전주지방법원 군산지원 2014.05.21 2014고단194
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2014, the Defendant, at the Central Sports Park parking lot around 21:30, was parked with 0.178% alcohol, and started at the US speed.

Since there are many vehicles parking lots, they have a duty of care to prevent accidents by properly manipulating the front door and the left and the right of the person engaged in the driving of motor vehicles, and by properly manipulating the steering direction and the brake system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(the age of 57) who was parked due to the negligence from which the said rocketing car was driven under the influence of normal operation while the Defendant was under the influence of alcohol and received the back part of the EM car as the front part of the said rocketing car.

As a result, the Defendant suffered from the victim D and the victim F (the 58 years of age) who is a passenger of the above test car due to the foregoing accident, about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement G and D;

1. Each medical certificate and on-site photographs;

1. Application of Acts and subordinate statutes to reports on proper launch of drivers and reports on whether to drive any danger;

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 ordinary concurrent crimes (mutually between the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (limited to the aggravated punishment for concurrent crimes resulting from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, but the lowest sentence shall be the punishment prescribed for the violation of the Road Traffic Act);

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

1. Order to attend a lecture or order to provide community service, Article 62-2 (1) of the Criminal Act, probation, etc.;

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