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(영문) 전주지방법원 2014.09.26 2014고단1174
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving the C pressle.

At around 20:40 on June 17, 2014, the Defendant was under the influence of alcohol with 0.186% of blood alcohol level, and it is difficult to drive the said vehicle normally, but the Defendant driven the said vehicle at the speed of 0.186%, leading up to the two-lane road in front of the restaurant, “the number of stop stations,” which is located in the front city of the front city, along with one-lane from “rier hotel” to the south-si, the Defendant was faced with the part of the victim D (63 years) driving, which was under the negligence of neglecting the duty of Jeonju, and followed by the part of the Defendant’s panion in front of the seat of the Defendant.

Accordingly, the Defendant suffered, on the above occupational negligence, the injury to the Defendant, such as salt ties and tensions that require approximately two weeks of treatment, the injury to the victim F (56 years of age) who was on board the said victim, such as climatic salt, tensions, etc. requiring approximately two weeks of treatment, and the injury to the same victim G (49 years of age) such as climatic salt, tensions, etc. requiring approximately three weeks of treatment, and the injury to the same victim H (61 years of age) such as climatic salt, tensions, etc. requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. A report on detection;

1. Statement under circumstances;

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 (limited to the crimes of death or injury resulting from dangerous driving).

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 sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order.

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