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(영문) 전주지방법원 2018.07.03 2018고단401
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving of a car in B SP area.

On February 22, 2018, the Defendant driven the said car under the influence of alcohol content of 0.163% among blood transfusions on February 22, 2018, and led the Defendant to drive the said car according to two-lanes in the middle of the service distance of the ASEAN apartment located in 176, Jinjin-gu, Seoul Special Metropolitan City.

At the time of the defendant's front time, D SP car driven by the victim C (WW, 25 years old) was stopped as a signal signal atmosphere, and thus, the driver of the motor vehicle had a duty of care to see the front door and accurately manipulate the brake system to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving, and was on board the victim E (V) who was a victim E (V, 24 years old), a victim G (V, 27 years old) who was waiting for a signal signal at the front of the given SP car and was on board the victim H (V) by driving the said SP car with the rear part of the said SPP car as a front part of the given SPP car, due to business and office, which failed to properly operate the operation of the operation system.

The victim C, the victim E, and the victim J suffered each injury such as salt, tension, etc. in each two-day medical treatment, and multiple diversities to the victim H.

In the end, the Defendant was injured by driving a car in the above SP in a state where it is difficult to drive the car normally due to the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Accident photographs;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A report on whether to drive any danger;

1. Each statement;

1. A written statement;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts as provided in the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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