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(영문) 대전지방법원 2014.11.14 2014고단3303
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

On September 22, 2014, at around 30:30, the Defendant driven a Mari-ri-type car with a blood alcohol concentration of 0.167%, and driven the Mari-type car into Daejeon, depending on the three-lane distance from the front side of the Mari-ri, Mari-ri, Mari-ri, Sori-ri, Mari-ri, Mari-ri, Mari-ri,

The place was a three-distance intersection where signal lights are installed and where the preceding vehicle stops in the atmosphere, and where the front vehicle stops in the signal signal, the duty of care to prevent the accident by accurately operating the steering wheel and brake apparatus and neglecting the preceding vehicle. However, the Defendant was negligent in driving under the influence of alcohol as seen above and was caused by the negligence of late operation of the victim D(31 years old)’s E rocketing motor vehicle in the direction of the vehicle at the end of the vehicle at the end of the Defendant’s driving.

The Defendant, by these occupational negligence, sustained injury to the victim D, such as salt, tensions, etc. in need of treatment for about three weeks, and suffered injury to the victim F (the victim F (the victim of 32 years of age) who is the passenger of rocketing car, about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of DF;

1. Each general medical certificate;

1. Application of Acts and subordinate statutes to the written report on circumstantial statements of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] Traffic Crime Group, General Traffic Accidents (Type 1), Basic Field, Imprisonment with prison labor for up to 4 months from 10 months to 10 months from 10 months from 10 months from 10 months from 10 months from 2 years from 2 years from 2

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