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(영문) 전주지방법원 2016.08.23 2016고단593

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of 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 car rental car.

On May 8, 2016, the Defendant, while under the influence of alcohol 0.148% among the blood transfusions around 22:30, the Defendant tried to change the lane to the first lane while driving at a speed of about 60 km from the direction of the Mat-distance to the direction of the Mat-distance of the Mat-ro, the five-lane road in front of the D Don-si, Yansan-si, Jeonju-si.

At the time, at night, the surrounding area was set at night, and at the same time, the victim E (57) was driving in one lane in the direction of the defendant's running, and thus, the driver of the vehicle has a duty of care to safely change the vehicle line and prevent the accident in advance.

Nevertheless, the Defendant neglected this and caused injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks after receiving a part behind the right-hand part of the car in the car of the car of the car of the car of the car of the car.

As a result, the defendant was unable to drive normally due to the influence of alcohol and caused the injury to the victim by driving the car with the above car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A report on the detection of a driver driving a drinking driver, the appearance, uniforms, language, the result of attitude, a statement in the circumstances of the driver driving a drinking driver, and a report on whether he/she is in danger;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.