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(영문) 전주지방법원 정읍지원 2013.12.17 2013고단542
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 cargo vehicle of one ton of C.

On September 18:25, 2013, the Defendant driven the above vehicle, and proceeded with the first line of the road near the calendar distance in the area of the potteries of the Gyeongan-gun in the Gyeongan-gun, Chungcheongnaman-do.

At the time, the Defendant was under the influence of alcohol concentration of 0.250%, and it was difficult for him to see the Jeonju, and it was difficult for him to carry out the operation timing of steering steering and brakes or the adjustment of its force as the Defendant intended.

In addition, since the above road has a central line installed in the center of the road, the defendant engaged in driving service has a duty of care to prevent traffic accidents by driving without exceeding the central line.

Nevertheless, as seen above, the Defendant got the front part of the 1 ton truck of the victim D(52 years old) driving with the opposite vehicle due to the negligence going beyond the median line while normal driving is difficult due to drinking, and was in the front part of the said C truck.

As a result, the Defendant caused the victim to undergo a medical examination for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant provisions of 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 choice of imprisonment with prison labor concerning the crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a comprehensive insurance is subscribed and that an agreement has been reached with the victim);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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