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(영문) 전주지방법원 군산지원 2013.09.16 2013고단755

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 6, 2013, the Defendant is a person who is engaged in driving of Chump vehicle, and was driving the said vehicle under the influence of alcohol level of 0.160% in the condition of under the influence of alcohol level of 0.160% on the ebbbbbbbial ebbbbial Do, Hasan-dong. The Defendant was driving the said vehicle along the two-lanes of the two-lanes from the surface of the apartment bank with the eblurial spring water in Yong-dong.

While anyone is unable to drive a vehicle normally due to influence of drinking, he was unable to drive the vehicle while driving the vehicle under the influence of alcohol, the Defendant, by negligence while driving the vehicle under the influence of alcohol, caused by the injury of the victim FF (the age of 37) who was under the influence of driving the vehicle to the front part of the driving vehicle of the victim D (the age of 22) who was under the influence of the signal waiting at the Defendant’s front part, resulting in the injury of the victim D such as salt, tensions, etc. requiring approximately two weeks of medical treatment, the injury of the affected vehicle FF (the age of 37) who was on the part of the damaged vehicle, such as chilled salt, tensions, etc. for about two weeks of medical treatment, and the injury of the victim G (the age of 40) who was under the influence of approximately two weeks of medical treatment, to the victim H (the age of 20) by the chilling part (the age of 30).

As a result, the Defendant driven under the influence of alcohol and caused the injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as a survey report on the actual condition, a report on the circumstantial statement of the driver, a report on the detection of the driver, a report on whether he/she drives any danger, evidence and photographs at the scene of the accident

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Imprisonment with prison labor for each choice of punishment;