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(영문) 전주지방법원 2016.08.09 2016고단468
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is a person who is engaged in driving a BM5 car.

On April 13, 2016, the Defendant driven the said car under the influence of alcohol level of 0.154% among blood transfusions on April 13, 2016, while driving the said car, and driven the road of three-lanes in Yansan-gu Seoul Special Metropolitan City by using three-lanes at the speed of about 40km from the right edge of the Home Plus prior to the Home Plus, along three-lanes.

At the time, the surrounding area was kept at night, and there was an intersection where signal lights are installed at the front of that place, so there was a duty of care to reduce speed and to safely drive the vehicle after checking whether there are other vehicles waiting for signalling.

Nevertheless, the Defendant did not discover the E-ray car driven by the victim D (24) who was under the influence of alcohol and was under the influence of the Defendant’s negligence while driving the vehicle at the front of the signal at the place where he was under the influence of alcohol. As for the front part of the said SM5 vehicle, the Defendant received the part behind the said SM5 vehicle in the front part of the Defendant, thereby causing the said victim to inflict an injury, such as a frodial salt, etc., of the right completion for about two weeks of medical treatment, and caused the victim F (F, 23 years of age) who was under the influence of the said vehicle to suffer an injury, such as light salt, etc. for which the two-day medical treatment is required.

As a result, the Defendant was driving the said SM5 vehicle in a state where normal driving is difficult due to the influence of drinking, thereby causing injury to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, vehicle photograph;

1. A report on the detection of a driver at a driving school, a report on the circumstances of the driver at a driving school, a report on the appearance, uniform, language, and attitude of the driver at a driving school, and a report on whether the driver at a driving

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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