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(영문) 전주지방법원 남원지원 2014.03.25 2014고단1

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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 of a C Poter cargo vehicle.

On November 25, 2013, at around 20:35, the Defendant driven the above cargo while under the influence of alcohol with 0.137% of alcohol concentration, and made a left turn to the left at the 4th of 0000 0.0% of 0.137% of it at the entrance and exit of the transmission east-si, Namwon-si.

At the time, it is an intersection where no signal is installed at night and there is no signal at that time, and since the center line of yellow solid lines is installed outside the intersection, the defendant engaged in driving service has a duty of care to thoroughly operate the front and right - and right - and right - and to safely operate the vehicle.

Nevertheless, while under the influence of alcohol, the Defendant neglected this and got the front part of the E-Poter freight vehicle driven by the victim D(30 years of age) who was driving along the vehicle in the opposite direction due to the negligence of driving the central line beyond the intersection, and was driven by the Defendant as the front part of the said cargo vehicle.

Ultimately, the Defendant, as seen above, driven the above cargo vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered the victim from sleep sprinking, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on detection of a host driver;

1. A medical certificate;

1. Each traffic accident report;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences: Imprisonment for six months;