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(영문) 전주지방법원 정읍지원 2013.05.02 2013고단156

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the support of the Jeonju District Court on September 6, 2005, and was committed two times before and after the same drinking.

【Criminal Facts】

On February 8, 2013, the Defendant was under the influence of 0.171% of blood alcohol concentration at around 23:10, and the Defendant was driving a C Sti-type car owned B, and the Defendant was under the influence of 0.171% of the blood alcohol concentration at the high Chang-gun, Chang Chang-gun.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right and duty of care to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive normally, was faced with the part of the back-of-car part of the victim D(n, 42 years old) driving in the same direction.

As a result, the Defendant suffered injury to the victim D, such as salt, tensions, etc., in need of a medical treatment for about three weeks, and injury to the victim F of the injured vehicle (the 51 years old), such as salt, tension, etc., in need of medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A survey report on actual condition, on-site photographs, each medical certificate, the circumstantial statement of the State-employed driver, and the report on whether to drive any danger;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of types of punishment and imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do110, Jan. 1, 201

1. The community service order and the like;