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(영문) 전주지방법원 2016.08.16 2016고단573
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 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 B-learning car.

On April 21, 2016, the Defendant driven the said car while under the influence of alcohol 0.155% in alcohol during blood transfusion at around 04:49, and driven the two-lane road in front of the Man-do in front of the 217-6, in the flow of the front city at the front city, along a single lane from the north-do west to the red mountain intersection.

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 the driver of the vehicle had a duty of care to look at the front and right and the right and the right of the driver of the vehicle well and to prevent the accident in advance by driving the vehicle safely in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting the stop signal and neglecting the stop signal, sustained the victim C (67 taxes) who was driven by the victim C (67) under the right straight line from the left-hand side of the running direction of the Defendant, resulting in the victim's injury, such as the front-hand part of the freight vehicle, which was driven by the victim C (67 ) with the front-hand part of the said vehicle, and caused the victim to undergo approximately two weeks of treatment.

As a result, the Defendant, under the influence of alcohol, was unable to drive normally and caused the damage to the victim by driving the above-learning car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

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. A medical certificate;

1. Application of statutes on site photographs;

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 Code of Aggravation of Concurrent Crimes;

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