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(영문) 대구지방법원 상주지원 2014.11.18 2014고단458
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 June 4, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the Seo-gu District Court's Seo-gu District Court's branch branch branch on June 4, 2007, and on May 25, 201, a summary order of KRW 4,00,000 as a fine for the same crime.

Criminal facts

On August 25, 2014, the Defendant is a person driving C high-class cargo vehicle. On the other hand, the Defendant was driving the said vehicle under the influence of alcohol level 0.234% of alcohol level around 16:0 on August 25, 201, and was driving the vehicle in front of the C high-ranking middle school, which was in the form of a new stude in writing, at the time of residents living at the time of the vehicle, on the face of a chemical flow from the boundary of the new service distance to the face of the chemical flow, and suffered injury, such as the chill, tension, etc. of the victim D (55 years old)'s E-wing truck, which was going beyond the other central line under the influence of alcohol, due to the injury of the victim, such as the d (55 years old-old truck)

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports and application of three-minutes of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents in Type 1 (Special Mitigation) (Special Mitigation: April-10) (Special Mitigation) / In the case where illegality in the proviso of Article 3(2) of the School Specialized Law is serious (the scope of punishment revised within the applicable scope] 1 year [decision of sentence] imprisonment with prison labor for 1 year (the scope of punishment revised within the applicable scope]. The defendant agreed smoothly with the victim, and the defendant's age, character, character and environment, motive for the crime.

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