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(영문) 대전지방법원 2014.11.11 2014고단3014
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 August 20, 2014, at around 22:50, the Defendant was in difficult condition to drive normally, such as a red and yellow distance with a face of 0.202% of blood alcohol concentration. However, the Defendant operated C X-sports cargo vehicles and proceeded at a speed of about 30 km in the speed of speed, depending on one way, from the front side of the Daejeon Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ray.

At the same time, the victim D (the age of 35) was followed by the E-Sadi vehicle driven by the victim D (the age of 35) prior to the same direction, so the person engaged in driving service was well aware of the situation, and there was a duty of care to secure and proceed a safe distance to avoid when the vehicle stops.

Nevertheless, under the influence of alcohol, a car from the front side was stopped by a stop signal, and the back part of the car from the above X-ray sport was used as the front part of the above X-sports cargo, resulting in the injury of the victim, the passenger F(23 years old), the passenger of the car from the same A-D passenger car, and the victim G(20 years old) who is the passenger of the same A-D passenger car, the Dong of the same A-D passenger car caused the injury of the e-mail base, each of which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

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 and Article 44 (1) of the Road Traffic Act concerning the crime;

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, Article 38 (1) 2, and Article 50 of the Criminal Act [the lower limit shall be the case determined for the violation of the Road Traffic Act];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The victims of suspended execution are not subject to the punishment of the defendant and are in depth against the defendant.

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