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(영문) 전주지방법원 2015.06.16 2015고단350
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 19:00 on March 9, 2015, the Defendant: (a) was negligent in the course of business, who was negligent in performing the duty of care in the front of the instant cargo vehicle while driving the C-wing-F-F-F-F-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A report on the appearance, uniform, language, attitude, and attitude of a drinking driver;

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

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 and the choice of imprisonment for a crime;

1. From among concurrent crimes, the number of concurrent crimes within the scope of the sum of the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest sentence shall be applicable to the punishment prescribed for the violation of the Road Traffic Act, within the scope of the sum of the long-term punishments of the above two crimes, which are sentenced to the heavier penalty; and

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act (the scope of recommendations) of the Act on Probation and Order to Attend shall be the traffic accident of the type I.

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