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(영문) 전주지방법원 2014.09.26 2014고단1119
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicles C.

At around 04:20 on July 13, 2014, the Defendant was under the influence of alcohol with 0.115% of blood alcohol concentration, and it is difficult to drive a motor vehicle normally, but the Defendant driving the motor vehicle in front of the moving intersection, which is in front of the motor vehicle in front of the motor vehicle in the front city of the front city, along the one lane in the direction of the moving teacher distance in the direction of the Do government office. However, as long as he neglected to perform the duty of the front city administration, the Defendant was negligent in neglecting the duty of the front city administration, and thereby, the motor vehicle was parked in the front part of the motor vehicle in front of the Do government.

The car is translified by the shock, and the car is flicked by the victim E(55 years old) who was stopped in front of the car, and the flicked by the victim G(36 years old) who was stopped in front of the car was shocked by the driver(s).

The Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of medical treatment from the victim E and G by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. G statements;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant may not drive again in the state of drinking, notwithstanding the fact that he had already been punished under the same criminal name as this case.

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