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(영문) 전주지방법원 군산지원 2015.03.18 2014고단1406
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

On October 20, 2014, the Defendant driven a B car with alcohol content of 0.124% and proceeded at about 30 km as soon as possible along the first line among the two lanes in front and the two lanes in front of the south-west city in the following mountain city. At the same time, the Defendant was in a state where it was impossible to perform normal physical manipulation and accident, such as the Defendant’s speech and behavior state, the unstable walking state, and the blood color is overfluened with red.

Nevertheless, the Defendant, while driving the said car under the above circumstances, was the victim C (the age of 54) who dried the crosswalk, and the Defendant was driving the said car in front of the left-hand side of the said car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as an injury to the right-side 5, which requires treatment of approximately eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D or C by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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

1. From among concurrent crimes, a pedestrian who gets involved in driving at a crosswalk while driving in a state of drinking by the defendant and the conditions for sentencing favorable to the defendant, such as the fact that the reason for sentencing is the defendant for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc. of Specific Crimes of which punishment is heavier than that provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, but the lowest sentence of the punishment is applicable to the crime of violating the Road Traffic Act).

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