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(영문) 전주지방법원 남원지원 2014.08.19 2014고단140

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for six 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

1. The defendant is a person who is engaged in driving of CPoter cargo vehicles;

On May 3, 2014, the Defendant driven the above cargo while under the influence of alcohol 0.179% with a blood alcohol concentration around 23:00, and led to the flow of the road near the Dongamban-si, Namwon-si.

At the time, it was night, and there was a narrow side, so the driver has a duty of care to safely drive the front left by checking well.

Nevertheless, the Defendant neglected this and did not discover the victim D (the age of 68) who was on the left-hand side of the Defendant due to the negligence of driving under the influence of alcohol as above, and received the victim due to the back-hand side of the cargo of the Defendant.

Ultimately, the Defendant, as seen above, sustained injury, such as chest 10, which requires medical treatment for about 12 weeks, by negligence, while driving the above cargo in a situation where normal driving is difficult due to influence of drinking.

2. At around 23:00 on May 3, 2014, the Defendant driven Cpoter freight at a section of about 300 meters alcohol concentration from the 300-meter radius to the Guambian road located in the same Dong-si Confucian School.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on the occurrence of traffic accidents, reports on actual condition investigation, and photographs;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of Part II of the medical certificate;

1. Relevant 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 the choice of imprisonment for a crime;

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

1. Suspension of execution;