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(영문) 대전지방법원 천안지원 2015.01.29 2014고단1382
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On July 26, 2014, the Defendant driven a motor vehicle of 0.195% alcohol level in the influence of alcohol level at around 06:47, while driving the motor vehicle of 3:00, the Defendant sustained injury to the victim D (the age of 28) crossing the above crosswalk by failing to perform his/her duty of care to prevent accidents by safely driving the motor vehicle on the side of the tourist hotel shooting distance, by driving the motor vehicle of 0.195%. In such a case, there was a crosswalk installed at that time, and thus, there was a duty of care to prevent accidents by driving the motor vehicle safely, by driving the motor vehicle of 8 weeks at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Report of a traffic accident, written diagnosis, notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, and application of statutes on site photographs;

1. Articles 5-11 and 148-2 (2) 2 and 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for each sentence of imprisonment;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of adding up the long-term punishments of the crimes against the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, and the lowest sentence of the punishment shall be determined

1. Although the reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant, while driving a crosswalk under the influence of alcohol, brought an serious injury to the 8th week by shocking the victim who scamed on the crosswalk, the nature of the crime is light, the Defendant is making a confession of all the facts of the crime.

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