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(영문) 전주지방법원 군산지원 2015.04.24 2014고단1286
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving a passenger car B;

On August 29, 2014, at around 16:20, the Defendant driven the said vehicle under the influence of alcohol and it is difficult to drive the said vehicle normally due to the influence of alcohol due to the alcohol while under the influence of alcohol, and led the Defendant to drive the said vehicle according to the five-lanes between the two-lanes from the front side of the Dol-dong Non-Pari-si Non-Pari-si Non-Pari-si.

In such cases, there was a duty of care to safely drive a person engaged in driving of a motor vehicle according to the lane.

Nevertheless, the Defendant, under the influence of alcohol, went on two-lanes to the right side of the FF vehicle driven by the victim E (the age of 48) who had been driving on the right side of the moving direction due to the negligence of operation by neglecting it.

As a result, the Defendant was driving a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, and the Defendant suffered from the climatic dump in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a bro-car in the state of alcohol alcohol concentration of approximately 0.236% from the 1km section from the Sinsan-dong non-Sinsi Rest to the Dondo Don-si Don-si Don-si Donsan-si from the Donsan-si Rest to the Don

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident, a actual survey report, and a comprehensive traffic accident analysis report;

1. The circumstantial statement of the driver, the report on detection of the driver, the report on request for appraisal, etc.;

1. Application of the photographic Acts and subordinate statutes;

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, respectively;

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