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(영문) 전주지방법원 군산지원 2016.08.24 2016고단551

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around April 3, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) led the Defendant to drive a three-lane road in front of the C store in Gunsan-si B with alcohol content of 0.124% in blood while under the influence of alcohol at a 0.124% in blood, along with one-lane from the direction of the electronic Ireland shooting distance.

At the time, there is a night and a place where the center is installed, so there was a duty of care to make a person engaged in driving of a motor vehicle thoroughly and safely drive the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the victim E(62) driving in the opposite direction due to the negligence in which the Defendant committed the central separation, and proceeded in the opposite direction, as the front part of the Defendant’s car.

As a result, the Defendant: (a) was able to drive a motor vehicle in such a situation that it is difficult to drive the motor vehicle normally due to the influence of drinking, such as: (b) fluening a speech and a walk; (c) fluoring on the left and left; and (d) fluoring on the face of the pedestrian, fluoring on the left and left; and (c) fluoring on the face of a smell

2. A violation of the Road Traffic Act (drinking driving) was driven by the Defendant in the state of alcohol alcohol by 0.124% from the 1.5km section of blood alcohol concentration to the C store in the Gunsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. A report on the detection of a primary driver;

1. Application of the actual investigation report on traffic accidents, on-site photographs statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.