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(영문) 전주지방법원 2015.11.10 2015고단1461

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant also is a person who is engaged in driving of cargo cars.

On August 26, 2015, the Defendant, without obtaining a driver's license on August 17:53, 2015, driven the above cargo vehicle with a blood alcohol concentration of 0.153% and it is difficult to drive it normally due to the influence of alcohol, and led the Defendant to drive the above cargo vehicle on the one-lane road in front of the entrance of the Yasan-gu, Samcheon-gu, Samcheon-gu, Seoul Special Metropolitan City, at the front of the Jeonju Museum, toward Kim Jong-si.

Since the place is a road with a large traffic volume, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side and prevent accidents in advance by securing safety distance.

Nevertheless, the Defendant neglected to stop the vehicle prior to the front side, and found it late later, and received the part of the left-hand side of the EK5 vehicle driven by the victim D (Nam, 44 years old) who was frighting the center line on the left-hand side by the negligence frighting the center line on the left-hand side of the said cargo, which was driven by the victim D (Nam, 44 years old).

Ultimately, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a traffic accident report, and photographs;

1. Report on detection of a drinking driver, report on whether to drive any motor vehicle at risk, report on the circumstantial statement of a drinking driver, appearance, uniform, language, and attitude of the drinking driver;

1. Registers of driver's licenses;

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 related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.