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(영문) 전주지방법원 2013.11.06 2013고단1922
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the C-3 car volume.

On August 2, 2013, at around 07:15, the Defendant driven the above vehicle under the influence of alcohol with 0.166% of alcohol concentration 0.16%, and driven the front road of the Hanyang apartment in front of the Hannam apartment in front of the Jeonju City, Hannam apartment, which is in effect automatic 1, at the Jeonju City.

Since the above place is where a double line is installed, a person engaged in driving duty has a duty of care to safely operate on the right side of the center line.

Nevertheless, the Defendant neglected to drive under the influence of alcohol and neglected to do so while driving in a state where normal driving is impossible, and caused the part above the left-hand part of the driving vehicle of the victim D(45 years old) driving in the direction of the five-lane road in the direction of the e-car driving of the victim D(45 years old) driving in the direction of the e-car driving in the direction of the driver's vehicle.

Ultimately, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, the Defendant suffered injury such as salt pans, tensions, and tensions of the shoulder pipe that requires two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A survey report on the actual condition, on-site, and black images of records;

1. A report on detection of a driver and a report on whether he/she is to drive any danger;

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

1. Relevant legal provisions concerning criminal facts, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Punishment, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment (such consideration as the fact that there is the same kind of power, the fact that there is no agreement with the victim, the fact that the blood alcohol concentration is high, etc.);

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

1. Article 62 of the Criminal Act:

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