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(영문) 전주지방법원 2018.01.09 2017고단1902

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 19, 2017, the Defendant: (a) driven a C-AD car at the 17th city located in the C-AD-gun of North Korea in the C-AD-gun of North Korea in the influence of alcohol level of 0.142% during blood, while under the influence of alcohol level of 0.142%; and (b) driven the C-AD car at the south of the Republic of Korea.

At the time, it is a road of two-lanes in which the center is installed at night, and there is a duty of care to ensure that a person engaged in driving a motor vehicle has a duty of care to thoroughly drive the motor vehicle in front and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected the Defendant’s negligence while driving in the direction of South Won, and the victim D (41 tax) who operated in the direction of South Won in the front direction of the vehicle in the E-Tank that she driven in the direction of South Won, followed the right wheel part of the E-Cro vehicle into the right gate part of the A-D vehicle.

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as light salt, which requires treatment for about two weeks, to the victim.

2. On July 19, 2017, the Defendant driven a C-Adi vehicle while under the influence of alcohol content of about 0.142% from the 5km section from around July 19, 2017 to the C-Adi vehicle for about 0.142% from the 5km section to the C-Adi vehicle in the C-Adi vehicle located in the forest room in the forest room in the forest room in the front of the Doridong-gu, Seoul Special Metropolitan City, to the C-Alux road in the Doridong-gun, as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on whether to drive any danger;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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

1. Article 62(1) of the Criminal Act 1.