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(영문) 전주지방법원 2016.04.05 2015고단2187

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

[Power of crime] On May 14, 2010, the Defendant was sentenced to a fine of KRW 5 million by the Jeonju District Court as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk).

[Criminal facts] The Defendant is a person who is engaged in driving a first car in C C.

On November 8, 2015, the Defendant driven the said car with alcohol concentration of 0.149% in a state that it is difficult to drive normally while under the influence of alcohol during blood at around 20:13, the Defendant driven the said car and driven the said car at the speed of two lanes in front of the E, which is located in Seojin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) in the direction of the former city, along the basin of the former.

In such cases, the driver of a motor vehicle has a duty of care to take the front side and left side well and accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and negligently driven by the Victim F (64) who is waiting for a signal at the two-lanes in the Medleball bank, and received the part of the right-hand part of the G G car, which was driven by the Victim F (64 ).

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim He (the 59-year-old) of a scopher scopher scopher, etc. of a scopher scopher scopher that requires approximately two weeks of treatment, and the injury to the scopher scopher scopher that requires approximately two weeks of treatment to the victim I (the scopher 34-year-older), and the injury to the scopher scopher scopher that requires approximately two weeks of treatment to the victim J (the scopher 2) and the victim K (the scopher 2-year-older), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reports on traffic accidents, photographs, and reports on the occurrence of traffic accidents;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and a report on whether he is dangerous;

1. Application of statutes to copies of each written diagnosis;

1. Each of the relevant Articles of the Act concerning the facts of crime;