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(영문) 전주지방법원 2015.02.13 2014고단1887

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On December 15, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on December 15, 2006, and two million won for a fine at the Jeonju District Court on May 21, 2013.

【Criminal Facts】

The defendant is a person who is engaged in driving a CM5 car.

On October 4, 2014, the Defendant, without obtaining a driver's license at around 02:10 on October 4, 2014, driven the said vehicle with a blood alcohol concentration of 0.104% and proceeded along the road of five lanes in front of the tunnel at the front of the front city at the front city, along the right-hand turn-hand turn-hand turn-on.

At the same time, E-si driven by the victim D(52 years of age) was a stop for the signal atmosphere. In such a case, the driver had a duty of care to prevent accidents by accurately manipulating the steering and steering system and accurately manipulating the steering and steering system.

Nevertheless, the Defendant neglected this and was negligent in driving so that the lower part of the above taxi was the front part of the Defendant’s car.

In addition, the victim F.F., and victim G. (22 years of age), and victim G(23 years of age) suffered injuries such as catum f., which require treatment for about two weeks, and the victim H(21 years of age) suffered injury such as salt f., tension, etc. in need of treatment for about two weeks.

Ultimately, the Defendant driven the said car in a situation where it is difficult to drive the car normally due to the influence of drinking, thereby causing the injury of four victims D, etc. as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Reports and photographs of traffic accidents;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A report on whether to drive any dangerous motor vehicle;

1. Registers of driver's licenses;

1. A certificate of diagnosis, facsimile, and a medical certificate;

1. A previous conviction in judgment:

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