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(영문) 청주지방법원 2013.03.28 2013고단55
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

The defendant is a person who drives a liquid cargo vehicle B.

1. On December 13, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was unable to drive normally on the road in front of the Stakdong-gu Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju due to drinking on the road, such as a string-distance and face red, while driving the said liquid lick truck along two lanes from the string distance to the string distance from the string distance, due to the negligence that did not find the victim C (the age 61) who illegally crossed the road to the port from the right side of the Defendant’s proceeding, and caused the victim to go beyond the road by taking the front side of the said liquid lick truck.

At around 00:40 on December 14, 2013, the Defendant: (a) caused the victim to die from a low-blood shock shock due to scarcity damage during treatment at the Heung-gu D Hospital in Soak-gu, Soak-gu, Chungcheongnam-gu.

2. Around 22:40 on December 13, 2012, the Defendant driven the said liquid truck under the influence of alcohol content of about 0.168% at the 2km section of the blood alcohol content from the road in front of the earth and sand wing in the Heung-gu Soakdong-gu Soakdong-gu, Chungcheongnam-gu to the road in front of the same enclosed-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. A death certificate (C);

1. Application of Acts and subordinate statutes by cutting off on-site photographs, visual photographs, and CCTV images;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-2 (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. 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the decision of punishment].

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