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(영문) 전주지방법원 2014.08.22 2014고단987
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

The Defendant is a person engaging in driving a C-P car.

On May 7, 2014, the Defendant driven the said car while under the influence of alcohol of 0.240% of blood alcohol level 0.240% on May 7, 2014, and driven the two-lane road of six-lanes in front of the front part of the front part of the front part of the Yansan-gu in the front city at the front of the front city at the speed of about 50km from the ice stadium.

At the time, since it was night and a large drinking, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes while driving a person engaged in driving a motor vehicle.

Nevertheless, the Defendant neglected this and did not see the front side by drinking, and did not properly handle the steering direction and brakes, and by negligence proceed to the left side of the vehicle driving direction without properly manipulating the steering direction and brakes, the Defendant received the victim D (the age of 19) who crosses from the right side of the vehicle into the front part of the Defendant’s vehicle.

Ultimately, the Defendant, as seen above, was driving under a difficult condition due to influence of drinking, and the Defendant suffered injury to the left-hand laver laver laver, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

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. Application of Acts and subordinate statutes to a report on whether dangerous driving is conducted;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 of the Criminal Act:

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