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(영문) 전주지방법원 2014.10.31 2014고단1348
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a C low-est car.

On July 24, 2014, the Defendant was under the influence of alcohol level of 0.160% on blood alcohol level at around 20:30, and it is difficult to drive the said vehicle normally, while driving the said vehicle, and driving the four-lane road in front of the sexual mother convalescent hospital located in 118 at the same time as the stadium distance from the e-line to the stadium distance, the Defendant, while driving the said vehicle at the front part of the Defendant’s vehicle in front of the victim D(45 years old) driving, which was stopped for left-hand turn on the left-hand side due to the negligence of driving over the center line of the yellow yellow real line while crossing the intersection, led to the collision with the front part of the Defendant’s vehicle.

As a result, the Defendant suffered from the above occupational negligence on the part of the Defendant: (a) the injury of the fluor’s salt, tensions, etc. in light of the influence that requires approximately two weeks’ medical treatment; and (b) the injury of the fluor’s salt, tensions, etc., which requires approximately two weeks’ medical treatment to the victim F of the said fluor’s car (the age of 40).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report and on-site photographs;

1. A report on detection of a host driver;

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 (Mutual Crimes against Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (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 of the Suspension of Execution (the fact that the defendant led to the crime of this case and seriously reflects the fact, and that the defendant deposited a certain amount of money (one million won for each victim, and the vehicle of this case was insured by the comprehensive motor vehicle insurance) as the victim did not reach an agreement with the victims, and

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