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(영문) 전주지방법원 군산지원 2017.08.18 2017고단707
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2017, the Defendant is a person who is engaged in driving of freight vehicles C, and the Defendant driven the above cargo vehicle while under the influence of alcohol concentration of 0.182% at around 16:30 on May 14, 2017, and led to the intersection of the private distance in the village of the military village in the military village at a speed of one-lane in the direction of the military hospital in the direction of the military.

Since the place is where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to safely drive along that line by accurately operating steering the steering wheel and brakes well.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcoholed by the victim D ( South, 59 years old) waiting at the opposite lane facing the median line due to the fault of the central line in the situation where it is difficult to drive a motor vehicle normally, such as a long-distance walking and snowing of a crossing, which led to the front part of the motor vehicle driving by the Defendant in front of the motor vehicle driving.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle normally, and suffered injury, such as light salt, tension, etc., for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A traffic accident report;

1. A report on the detection of a driver at the main place and a circumstantial statement;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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