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(영문) 전주지방법원 2014.12.12 2014고단1593
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

1. On September 13, 2014, the Defendant was under the influence of alcohol on the blood alcohol concentration of 0.126% on September 22 and 25, 2014, the Defendant driven a B B B B B-type car from the front of a mutually unclaimed restaurant in the front of the front city of the front city of the front city to the front road of the bus stops located in the same shock route in the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B driver car;

The defendant continued two-lanes of the bus stops in front of the bus stops in the winter-gu Chungcheong Zone at the time of the temporary border of the above paragraph (1) at the Military Manpower Administration, the Military Manpower Administration, and the Military Manpower Administration, along the two-lanes of the land stops in the winter-gu.

At the time, there are frequent driving of a vehicle at night, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the right and the right, and to accurately operate the steering and the steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected the above duty of care and found the victim C(49 years old) who stops at the bus stops located in the front direction due to neglecting his/her duty of care in the front direction while driving normally is difficult, and followed the operation of the bus at the bus stops in the front direction. As such, the Defendant continued to follow the speed pedal, following the left-hand side of the above city bus, received the part of the driver’s kis in front of the right-hand side of the driver’s vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report on traffic accidents and on-site photographs;

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

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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