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(영문) 전주지방법원 2016.06.07 2016고단127

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight 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 engaging in driving Cunst Motor Vehicle.

On January 21, 2016, the Defendant driven the said vehicle under the influence of alcohol of 0.169% in blood without obtaining a driver’s license on January 21, 2016, while driving the vehicle, and driving the said vehicle at a speed of 0.169% in front of the E-cafeteria located in D in the former Northern-gun, the Defendant driven the road at a speed of tri-type elementary school from the enclosed Eup.

At the time of night, the passage of the front door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, so there was a duty of care to reduce speed and prevent accidents in advance by driving safely the front door door door door door door door door door door door door door.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving on the road without reducing speed, and turned down on the road as it is by negligence, and the Defendant was driving on the road from the opposite side of the Defendant’s running direction to the bend-dong-Eup, and was driving by Gmera F (54 ) said Gmera driving on the left-hand part of the truck truck truck truck truck truck truck truck truck truck freight vehicle, and caused the victim to suffer injury, such as salted verts, tensions, etc. of the boness that require approximately two weeks of medical treatment.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the F;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of drinking), and Article 152 subparagraph 1 of the Road Traffic Act concerning the crime.