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(영문) 전주지방법원 군산지원 2018.04.13 2017고단1507

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 4, 2017, the Defendant was under the influence of alcohol content of 0.131% during blood transfusions at around 23:30, the Defendant driven BM3 car from the section of about 4 km meters from the front of the cafeteria, located within the 1-lane 47 of the YYYY, Sinsan-si, Sinsan-si, and around 23:55 on the same day from the front of the cafeteria, located within the 1-lane, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si.

2. The Defendant is a person engaging in driving a vehicle BM3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the risk).

On November 4, 2017, the Defendant driven the said car under the influence of alcohol, as in paragraph (1) around 23:55, and driven it along the two-lanes between the two-lanes from the jurisdiction of the Sinsan National University from the area of the Gunsan City to the jurisdiction of the Sinsan National University.

At night, the Defendant was at night, and the Defendant was followed by the victim C(61) rocketing taxi driven in the same direction, and therefore, there was a duty of care to maintain a safety distance and accurately manipulate the steering and steering devices to prevent accidents in advance.

Nevertheless, the Defendant neglected to drive normally under the influence of such drinking as above and neglected to do so, and the Defendant was able to receive the part behind the above SM3 car driven by the victim C prior to the driving of the said SM3 car due to negligence.

Ultimately, the Defendant suffered from the injury of the victim C and the victim E (37 tax) who was on board the cab together with the above occupational negligence, such as catum salt in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes on investigation report (related to attachment of a medical certificate and payment for physical damage);

1. The Road Traffic Act applicable to criminal facts;