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(영문) 전주지방법원 2014.05.16 2014고단66
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a C presson cargo vehicle.

On December 15, 2013, the Defendant driven the above cargo while under the influence of alcohol of 0.114% in blood alcohol concentration at a 0.18:00, and proceeded with a two-lane road in front of the AJrentona in front of the AJrena in front of the Republic of Korea at a speed that would not be known one-lane from the new side of the Jeonju University at the Jeonju University.

At all times, there was an intersection where signal lights are installed, and vehicles were in the atmosphere of signal according to the red signal, so in such a case, there was a duty of care to keep the brakes accurately while driving the vehicle at the front, while maintaining the distance between the vehicle and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and did not put the front door of the vehicle by drinking, and the part of the back part of the Eworket No. D, which is driven by the victim D (the age of 47) who is in the order of signal to the front door by negligence without properly operating the brakes, was driven by the Defendant as the front part of the Defendant’s cargo vehicle, and due to the shock, the said D’s vehicle was pushed by the victim F (the age of 42) and was driven by the victim F (the age of 42).

Ultimately, the Defendant driven under the influence of alcohol, while driving in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim H (V, 44 years of age) who is the same passenger as the victim D and the same passenger for about two weeks of medical treatment, and suffered injury to the victim F, such as catitis for about ten days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A traffic accident actual condition survey report and photographs;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Each relevant Article of the Act concerning criminal facts;

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