(영문) 대전지방법원 천안지원 2016.03.10 2016고단50

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(영문) 대전지방법원 천안지원 2016.03.10 2016고단50

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

On January 5, 2016, the Defendant was under the influence of alcohol content of 0.146% during blood transfusions. On January 5, 2016, the Defendant driven the said vehicle, driving on the two sides of the “Cheongwon apartment” located in the Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu.

At that time, there was a center line of yellow solid lines, so in such a case, there was a duty of care to prevent accidents in advance, such as safe driving of a vehicle to a person engaged in driving business.

Nevertheless, the Defendant neglected this and got the victim to suffer salt, tensions, etc. that require approximately two weeks of medical treatment of the Defendant’s driving of the victim C(46 Do) who driven the said road from the right side to the right side of the mountain distance by negligence going beyond the median line.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Entry of a traffic accident report, a report on detection of the primary driver and a statement on the circumstances of the primary driver; and

1. Entry and video of the actual condition survey report on traffic accidents;

1. Descriptions of a medical certificate;

1. Application of statutes on images of on-site photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

1. Aggravation of concurrent crimes with the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier (within the scope of the sum of the long-term punishments of the above two crimes) and the aggravated punishment of concurrent crimes: Provided, That the lowest sentence shall be based on the punishment determined for the crimes of violation of Road Traffic Act;

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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