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(영문) 전주지방법원 2013.06.05 2013고단1042

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

Reasons

Punishment of the crime

1. Around February 21, 2013, the Defendant: (a) driven a two-way cargo vehicle under the influence of alcohol with a blood alcohol concentration of 0.141% from the front day of the members of the crew, who were in his/her arms uniform-dong, Young-gu, Seoul Special Metropolitan City, to the front day of the Hanwon-dong located in the same Gu-U.S. and the front day of the same Gu-U.S. Do-dong.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the above cargo vehicle at the same time as Paragraph (1) and proceeded with the wing-do gate from the surface of Songcheon-dong along one lane of the two lanes prior to the Hancheon-dong Oil Station. Since there is a yellow central line installed, the Defendant, who is engaged in driving, had a duty of care to prevent accidents in advance by thoroughly driving the front city and safely driving the train with the line.

However, while the Defendant was under the influence of alcohol so that it is difficult for the Defendant to drive or make a decision on the cargo vehicle normally by thoroughly driving the front side or by properly operating the steering and steering devices, the Defendant was in front of the left side of the freight vehicle of the Defendant.

As above, the Defendant driven the above cargo while driving it is difficult to drive it normally due to influence of alcohol, and suffered from the injury, such as the damage of scarke walls and other scarcitys, etc. to the above victim E (the injured passenger), the injured passenger E (the 45 years old), which requires approximately 4 weeks of medical treatment, such as the dump dump and tension, etc., and the dump dump dump of head, which requires approximately 3 weeks of medical treatment to the same victim F (the 20 years old), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on detection of a driver and a report on whether he/she is to drive any danger;

1. Reports on traffic accidents and photographs thereof;

1.Each.