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(영문) 전주지방법원 2013.04.24 2013고단109

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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 September 4, 2012, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of KRW 4 million from the Jeonju District Court on September 4, 2012, and a fine of KRW 3 million from the same court on November 6, 2012, such as receiving a summary order of KRW 3 million from the same crime.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant, who is engaged in driving a C Ecoos car, to drive the said car under the influence of alcohol on December 22, 2012 without knowing the blood alcohol concentration, and drive the said car under the influence of alcohol at around 22:20 on December 22, 201, to the recommendation line from the edge of the eculgian distance.

At that time, there is no lighting, so there was a duty of care to operate a person engaged in driving of a motor vehicle thoroughly and slowly while driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was driven by Ea (40 years old) driven by the victim D (40 years old) who was driven at the front of the Defendant’s vehicle due to the negligence of the Defendant’s failure to drive normally, and was driven by the front part of the said Eaps car that the Defendant drives.

The Defendant suffered injury to the victim, such as salt dump, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence in a state where normal driving is difficult due to influence of drinking.

2. Violation of the Road Traffic Act (Refusal of measurement) and the violation of the Road Traffic Act (Free Driver’s License) mean that the Defendant is unable to properly hold the Defendant’s body from a slope G with the scoo-Jon Police Station, after having paid a traffic accident as stipulated in paragraph (1), while driving a coo-gu car in a drunken state without obtaining a driver’s license at the time and place specified in paragraph (1).