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(영문) 전주지방법원 군산지원 2014.08.07 2014고단480
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendant is a driver of C New Franchise X-gu car.

On April 14, 2014, the Defendant driven the said vehicle under the influence of alcohol of 0.118% on blood alcohol concentration at 0.19:25, and got the victim's body from the front side of the victim's body in front of the entrance of the new dub village located in the front side of the front side of the front side of the front side of the front side of the front side of the front village in the front side of the front side of the front side of the front side of the front village in the front side of the front side of the front village in the front side of the front side of the front side of the front side in the front side of the front side of the two-lane, with red, unstable, and unfolding the front side, and due to the negligence that did not see the front side properly, and caused the victim's body to go beyond the road.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and caused the victim to die due to external shocks caused by the multiple shocks during the transfer to the original university hospital at around 19:54 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the survey report on actual condition, field photographs, master-employed drivers' reports, reports on the state of the driver, reports on whether to drive any danger, and reports on whether to hold a autopsy;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for a crime;

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 Act on the Suspension of Execution (a crime which results in the death of a victim due to a drunk driving, but is serious in the nature of the crime, the disposal of the vehicle and the depth of the crime are divided, the payment of 50 million won is made and the agreement is reached smoothly with the bereaved family members of the victim, and there is no criminal record other than the sentence of a fine of 3,000 won in 1968);

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