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(영문) 전주지방법원 2015.09.08 2015고단887

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 is a person who is engaged in driving a CL car.

On June 11, 2015, at around 01:40, the Defendant driven the said car with the blood alcohol concentration of 0.103%, while making it difficult to drive the car normally, and led to the flow of the offline of the movable plaza, which is set up in the Dongdaemun-gu unit at the previous week, from the boundary of movable property, to the front 40km at the speed of about 40km.

At the time of night, there was a vehicle waiting for signal signal at front, so there was a duty of care to live well on the front side and to prevent accidents in advance by safely driving the vehicle in accordance with the new code.

Nevertheless, the Defendant neglected to perform his duty at the time prior to the so-called "breath week" due to negligence, caused the victim D(64 years of age) who stopped in the front direction of the operation of the said vehicle to be the front part of the Defendant's passenger car, and caused the fran to get the franc to have the part of the victim FF(29 years of age) which stopped in the front direction of the vehicle.

Ultimately, the Defendant caused the victim D’s injury to the climatic salt, etc. requiring approximately two weeks of medical treatment by occupational negligence as above, and the victim F suffered injury to the climatic salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

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

1. A copy of the report on detection of a drinking driver, the report on the circumstances of a drinking driver, the report on whether a drinking driver is in danger, and the usage register of a drinking measuring instrument;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. The Commercial Concurrent Crimes Act.