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(영문) 전주지방법원 정읍지원 2016.05.10 2016고단81

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 3, 2007, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving), etc. at the Jeonju District Court, and on October 10, 2007, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Jeonju District Court.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a passenger car Cenz E300.

On February 4, 2016, the Defendant driven the said car under the influence of alcohol level of 0.130% in blood at around 02:09, and continued to drive the said car under the influence of alcohol level of 0.130%, and directly drive a two-lane road (nence line) near 200 meters in the front direction to the intersection (nence line) in the north of the Eup/Eup/Myeon in the front direction at the front direction of the city in the city of Kim Jong-si, the Defendant continued to drive the said car under the influence of alcohol level of 70-80km in the speed of Si/Eup/Myeon.

At the time, the Defendant had a duty of care to prevent accidents in advance, such as thorough operation of the front-round speed and securing a safety distance with the said cargo vehicle, inasmuch as the Defendant, prior to the same direction, 5 tons of the E Treatment 5 tons of the victim D ( South, 39 years old) driving, followed the rear of the instant truck truck truck truck vehicle, and thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle in the vicinity of the foregoing cargo vehicle and received the rear part of the said cargo vehicle as the front part of the said vehicle by negligence.

As a result, the Defendant was able to drive the said vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, such as red, snow, shaking of walking, smelling in the entrance, smelling, etc., and suffered bodily injury, such as climatic salt, tension, etc. for about two weeks in need of medical treatment.

2. Defendant 1, who violated the Traffic Act on the road, has a record of driving under the influence of alcohol on at least two occasions, on February 4, 2016.