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(영문) 전주지방법원 2016.07.19 2016고단469
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 vehicle in B.

On April 15, 2016, the Defendant driven the said car under the influence of alcohol level of 0.111% among blood transfusions on April 23:15, 2016, and proceeded bypassing the road of one-lane 1039 to the rird speed on the right side of the west mountain-gu in the front week.

At the time, the surrounding area was kept at night, and the place was where the center line of yellow solid lines is installed, so the driver of the vehicle had a duty of care to safely drive the car while keeping the front line and the right and the right and the right and the right of the vehicle and to prevent the accident in advance.

Nevertheless, the Defendant neglected to perform so under the influence of alcohol and caused injury to the victim C (27 tax) who was in the opposite direction of the Defendant at the time of the collision with the central line by the negligence of the Defendant, thereby leading up to the left-hand part of the D-going car operated by the victim C (27 ) which was in the opposite direction of the Defendant, by taking up the top-hand part of the D-going car in front of the left-hand part of the D-going car, and caused the victim to undergo approximately two weeks of treatment.

As a result, the Defendant, in a situation where normal driving is difficult due to the influence of drinking, caused the injury to the injured party by driving the vehicle above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. The results of a report on the detection of the driver at a driving school, a report on the circumstances of the driver at a driving school, a report on whether to drive any danger, the appearance, uniform, language, and attitude of the driver at a driving school;

1. A medical certificate;

1. Application of this statute to field photographs, black stuffs images;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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