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(영문) 전주지방법원 2016.09.06 2016고단668
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On May 2, 2016, the Defendant driven the said car while under the influence of alcohol of 0.22% of blood alcohol level 0.22%, and driven the said car at a speed of about 40 km from the direction of the stadium to the intersection of the Socjin-gu in 502 at the front city of the previous week, according to one lane towards the direction of the stadium located at the direction of the selling parallel parallel.

At the same 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 safely drive the vehicle after checking the front side and the right and the right and the right of the person engaged in the vehicle driving and checking other vehicles waiting for the signal, and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, found the DK5 taxi that was driven by the victim C(the age of 63) who had been in the atmosphere of the signal at the front place of the horse at late time, and had the victim E(the age of 49) who was on the front part of the said taxi and on the front part of the said vehicle, got the victim and the victim E(the age of 49) who was on the said taxi to have a criminal part of the said taxi, suffered from the injury, such as the flick flock, tension, etc. for about two weeks in need of medical treatment.

Accordingly, the Defendant was driving the said car in a state where it is difficult to drive the car normally due to the influence of drinking, thereby causing injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Notification of the control of drinking driving, a report on the circumstances of drinking drivers, and a report on whether to drive any dangerous motor vehicle;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. The Commercial Concurrent Crimes Act.

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