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(영문) 대전지방법원 2015.12.23 2015고단3634
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 27, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act by the Daejeon District Court on June 2, 2008, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act. On June 2, 2008, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act in the Daejeon District Court on June 2, 2008.

On August 7, 2015, at around 0.21:35, the Defendant driven a blood alcohol 0.214% under the influence of alcohol and walking walking, etc., while making it difficult for the Defendant to drive a ecoo vehicle C while driving the vehicle at a low speed of about 120 km per hour depending on the first line between the three-lanes of the Daejeon-Jon Expressway Highway Highway at the time of Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do. The Defendant got to drive the ecoo vehicle at a speed of about 72.6 km in the speed of about 120 km. As above, under the influence of alcohol, the Defendant suffered from the injury of the victim D (Nam, 53 years old) who driven the ecoo vehicle at the front of the said ecoo vehicle at the front of the said ecoo vehicle at a speed of about 2 weeks due to his occupational negligence and without maintaining a safe distance with the vehicle in front.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The application of Acts and subordinate statutes to the traffic accident report (1) (2) and the actual condition survey report, the field survey report, photographs of the accident site, control records, the report on the actual condition of the driver, the report on the drinking driving, the notification of the results of the drinking driving control, the medical certificate, and the investigation report (to hear the statements

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation, order to attend a lecture or order to provide community service [the range of recommendations]: The ordinary traffic accident shall be type 1; and

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