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(영문) 전주지방법원 2014.11.28 2014고단1737
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 shall be engaged in driving a C-A-Wurd Motor Vehicle.

On September 11, 2014, at around 05:17, the Defendant: (a) driven the said vehicle under the influence of alcohol by 0.132%; (b) while driving the said vehicle in a state where it is difficult to drive the vehicle normally, and driving it directly from the side of the original oriental medical hospital, the Defendant suffered from the victim FF (the age 62) driver’s G 5 car driving seat, who was driven under the influence of alcohol under the influence of alcohol, with approximately two weeks of alcohol; and (c) the pent part of the pentum in the front line of the said vehicle to the victim H(the age 58), who was driven under the influence of alcohol, by using one lane of the three-lane road in front of the Hajinjin-gu, Seoul; and (d) he was in need of approximately two weeks of treatment for the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

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

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. Each written diagnosis;

1. Application of Acts and subordinate statutes to the investigation report (related to the application of the Tramarking Code);

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 of the suspended execution provides that the defendant confessions and seriously reflects the crime of this case, the victims and all victims have agreed smoothly, the vehicle of this case has been covered by the comprehensive motor vehicle insurance, the defendant has no criminal record exceeding fines due to the same crime, and the details of this case and the reasons for this case.

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