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(영문) 전주지방법원 2013.06.26 2013고단1338

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 5, 2013, the Defendant was driving B Pool at the 4km section from the front of a restaurant where it is impossible to identify the name of the franchising machine in the previous city under the influence of alcohol concentration of 0.286% under the influence of alcohol on April 22, 2013, to the front of the animal origin, the franchis vehicle in the direction of about 4km from the 4km section to the front of the fluscisic three streets in the same city-jin-gu.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) driven the above cargo at the same time and place as Paragraph 1, and proceeded with the first way from the 21st century hospital to the front of the three-lane distance of the above 3rd line.

At the time, at night, the victim C (the age of 24) stops at the right time to turn to the left by driving a d bargaining car at night. In such a case, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely, such as reducing speed and accurately operating the steering and operating the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to determine whether a person was engaged in normal physical manipulation and accident, such as viewing the front side of the road, such as a rain without walking, or accurately operating the steering wheel and brakes, and was negligent in doing so. As such, the Defendant was in the part of the Defendant’s cargo front-hand part of the vehicle.

Ultimately, the Defendant driven the above cargo vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (the 30-year-old passenger) who is the above victim C and the victim E (the 30-year-old passenger) for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Reports on traffic accidents (on the actual condition survey and photographs);

1. A report on detection of a host driver;

1. Each written diagnosis;