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(영문) 전주지방법원 2016.06.21 2016고단297

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 who is engaged in driving a Bchip car.

On March 5, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.153% from blood alcohol level around 00:05, while driving the said vehicle at around 0.153%, and driven the road of 103 lanes in front of the 103-lane of the Hoban apartment in the Hoban-gu Seoul Special Metropolitan City, Jeonju City, by using the said vehicle at a speed of about 20 km from the direction of Hongsan to the National Police Agency of North Korea.

At the time, the surrounding area was kept at night, and there was an intersection where signal lights are installed at the front of that place, so there was a duty of care to reduce speed and to safely drive the vehicle after checking whether there are other vehicles waiting for signalling.

Nevertheless, the Defendant did not discover a DNA motor vehicle that was driven by the victim C (Y, 22 years old) who was in the atmosphere of the signal at the front of the area where the Defendant was under the influence of alcohol while neglecting it, and did not discover a DNA motor vehicle. As the front part of the said franchise motor vehicle, the Defendant suffered injury, such as light fluoral dys, which requires approximately two weeks of medical treatment.

As a result, the defendant was unable to drive normally due to the influence of drinking, thereby causing the injury to the damaged person by driving the franchise-low vehicle in a state where normal driving is difficult.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Report on the crackdown on the violation of traffic laws on roads;

1. A report on the detection of a driver at a driving school, a report on the circumstances of the driver at a driving school, a report on the appearance, uniform, language, and attitude of the driver at a driving school, and a report on whether the driver at a driving

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 as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act, respectively.