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(영문) 대구지방법원 안동지원 2019.03.05 2018고단715
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-man car.

On October 7, 2018, the Defendant was under the influence of alcohol of 0.194% on blood alcohol level, while driving the said vehicle from the side of the road in front of D, which was in front of the vehicle in Ansan-dong C, to the direction of transmission, from the inside of the Dong-dong city where: (a) the Defendant was driven by the victim E (the age of 45) who was under the influence of alcohol and was making it difficult to drive the vehicle normally, and was in front of the Defendant’s vehicle.

The Defendant, by its occupational negligence, caused the victim E to suffer injury to salt ties and tensions in front of the horse that requires approximately two weeks of medical treatment, and the victim G (the victim G (the victim 46 years of age) who is the passenger of the damaged vehicle, with the injury of the erode, tensions, etc. in front of the horse that requires approximately two weeks of medical treatment, and the victim H (the victim H(the victim H3 years of age) who is the same passenger suffered injury, such as the erode, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reporting the occurrence of a traffic accident, notification of the results of crackdown on drinking driving, circumstantial statement of a drinking driver, fact-finding report, and application of Acts and subordinate statutes to each medical certificate;

1. The injury resulting from dangerous driving of a motor vehicle due to the relevant criminal conduct: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (to be sentenced to imprisonment after applying the following provisions of ordinary concurrence): Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (to be sentenced to imprisonment);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 on probation and community service order was that the Defendant had been punished for drunk driving in the past, etc., but again re-offendered, there was a high risk of causing large traffic accidents at the time of crackdown.

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