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(영문) 대전지방법원 2015.02.11 2014고단4114
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 October 15, 2014, the Defendant is a person who is engaged in driving a C-learning car. Around 05:00, the Defendant was driving the said car under the influence of alcohol level of 0.142%, and was driving the e-road in the Dong-gu Daejeon-gu, Daejeon-gu at night, and the Defendant was under the influence of alcohol enough to see the e-mail from Samsung N-gu, Daejeon-gu. In such a case, the Defendant was under the influence of alcohol to the front part of the said car by failing to see the victim F (n, 64 years) who was walking along the crosswalk, and the Defendant was under the influence of alcohol to the degree that the driver of the vehicle was under the influence of alcohol to the degree that the driver of the vehicle was under the influence of alcohol. In such a case, the driver of the vehicle was immediately stopped the operation of the vehicle, but the Defendant was negligent in performing the duty of due care to accurately operate the e-car and the operation of the steering system.

Ultimately, the Defendant caused the death of the victim due to the foregoing occupational negligence, which caused the death of the victim of G Hospital located in Daejeon-gu on December 1, 2014 at around 14:55.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (only to the extent that the punishment is added up the maximum term of the punishment prescribed in each crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which has heavier punishment, to the extent that the punishment

1. The grounds for sentencing under Article 62(1) of the Criminal Act and Article 51 of the Criminal Act are stated in the suspended sentence.

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