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(영문) 전주지방법원 정읍지원 2016.09.01 2016고단274

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 13, 2006, the Defendant was issued a summary order of KRW 700,000 by the Jeonju District Court to a fine for the violation of the Road Traffic Act, and on August 11, 2010, a summary order of KRW 5 million was issued by the Jeonju District Court to a fine for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving).

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving service of the B Corland.

On April 3, 2016, at around 23:24, the Defendant driven the above vehicle while under the influence of alcohol of 0.125%, and proceeded directly with approximately 60 km from the face of the security surface to the front side of the written documents in front of the Jeonbuk-gun village in the front north-do.

At night, the surface is milched at the time. In this case, there was a duty of care to prevent accidents in advance, such as: (a) a person engaged in driving of a motor vehicle was able to live well at the front, left, and left; and (b) a person engaged in driving of a motor vehicle was able to properly handle the steering and brakes in a correct manner.

Nevertheless, under the influence of alcohol, the Defendant left the road to the left-hand side of the progress direction by neglecting the front door, and instead excessively manipulating the hand-on hand to the left-hand side, without neglecting it.

After all, the Defendant, under the influence of drinking, driven the above vehicle in a state where normal driving is difficult, such as a red and snicking, and smelling in the entrance, etc., due to the influence of drinking, suffered injury to the victim C, who was on the top of the operation of the above vehicle for about two weeks, such as light drown, tension, etc.

2. Violation of the Road Traffic Act (driving) by the Defendant, at the time and time set forth in paragraph (1), around 6 km from the parking lot to the parking lot of "Jinho Fishery" located in the father, west-gun, west-gun, west-gun, North Korea, to the roads in front of the prison of documents in the same military.