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(영문) 전주지방법원 군산지원 2014.07.16 2014고단478
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 26, 2011, the Defendant issued a summary order of KRW 2 million for a fine of KRW 5 million for a violation of the Road Traffic Act, etc. at the Jeonju District Court’s Gunsan Branch, and on March 17, 2014, the same court issued a summary order of KRW 5 million for the same crime, etc.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven on May 14, 2014 by the Defendant, around 17:40, at the same time, while driving the said car at the front of the gallon road in front of the gallon road in the Sinsan-si of Military City, in a state where it is difficult to drive the car normally, because snow is shocked and smelled from the entrance, etc., and driving the said car at the front number plate of the victim C (53 years old) who was traveling in the front line due to the negligence of not operating the operation of the operation of the operation system properly due to the foregoing state of alcohol, and driving the said car at the front number plate of the gallon vehicle in front of the gallon road.

As a result, the defendant was injured by the victim, such as salt, tension, etc. in a state of being difficult to drive in a normal condition and caused the victim to receive approximately two weeks of treatment.

2. Around 17:40 on May 14, 2014, the Defendant was driving a vehicle from the parking lot of the Jeju 4th apartment in the Gunsan-si Movement to the front road in the Donsan-si, Sinsan-si, Sinsan-si, with a blood alcohol concentration of about 0.161% under the influence of alcohol level from around 2km to the front road in the Donsan-si, Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A report on detection of a host driver;

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

1. A general medical certificate;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act concerning criminal facts and the provision of the same Act concerning the punishment for the choice of punishment.

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