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(영문) 전주지방법원 2014.07.11 2014고단609
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Cranchis and HG cars.

At around 09:00 on April 2, 2014, the Defendant, while under the influence of alcohol at 0.204% of blood alcohol concentration, was difficult to drive normally, but when driving the said vehicle and driving the four-lane road above T-www (T-World) in front of the arm’s length of the front city at the front city, along two-lanes from the boundary of the Kitter Kitter, the Defendant, by negligence, led the victim D (n, 38 years old) driving in front pursuant to the former stop sub-paragraph, who was negligent in performing his duty at the front city, faced with the part of the Defendant’s vehicle behind the HG driver’s vehicle in front.

This led to the franchise and the car of HG, which had been pushed in the future and stopped in the front part of the driving of FF(46 years old) in the front, was faced with the lower part of the Gpoter freight.

As a result, the Defendant suffered from the above victim D’s negligence in the above occupational negligence, the injury of light fat, etc. in need of treatment for about two weeks, and the injury of light fat, etc. in need of treatment for about one week to the victim H(six years of age) who moved in the HG car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report on traffic accidents;

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

1. A report on whether to drive any dangerous motor vehicle;

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) 1 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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing) 1.

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