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(영문) 전주지방법원 정읍지원 2018.05.10 2018고단14

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is also a person who is engaged in driving a broadband car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 25, 2017, the Defendant driven a road in front of “D” located in “D,” located in the Northwest-gun, beyond 1:35 on November 25, 2017, while under the influence of alcohol leveling 0.116% during blood, and driven the said vehicle toward the security side on the side of the front document.

Since there is a center line of yellow solid lines, in such a case, the driver has a duty of care to thoroughly perform the duty of care in the front line and to safely operate the car line.

Nevertheless, the Defendant was a victim E (50 years old) who was running on a road facing the negligence that is driven by the central line in a situation where normal driving is difficult due to the above influence of drinking, and the Defendant was able to receive a low-speed car in this driving vehicle.

As a result, the Defendant was driving in a state where normal driving is difficult due to the influence of alcohol, and suffered injury such as throstosis, etc. for about three weeks to the victim E, the victim G (the age of 49), and the victim H (the age of 16) who was on board the said vehicle.

2. On the date and time set forth in paragraph 1, the Defendant driving a motor vehicle B in the state of alcohol alcohol concentration of approximately 0.116% from the 15km section to the place indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report, an investigation report (report on the situation of the driver in charge of the primary business), and a report on the detection of the driver in charge of the primary business;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs by taking on-site photographs of a traffic accident or CCTV images;

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

1. Commercial concurrence;