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(영문) 전주지방법원 2015.06.16 2015고단272
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On February 23, 2015, the Defendant, at around 00 on February 23, 2015, was unable to drive normally due to the alcohol concentration of 0.292%, while driving a D non-presidential vehicle in front of the C non-presidential zone B in the front city of the Jeon-si in the direction of the West, driving the D non-presidential vehicle in the direction of the department store in the direction of the West.

In such cases, a person engaged in driving service shall accurately operate the steering system, brakes, and other devices of the vehicle, shall not drive the vehicle at such a speed or in such a manner as to inflict any danger and injury on others according to the traffic situation of the road and the structure and performance of the vehicle, and there was a duty of care to prevent accidents by properly examining the traffic situation and driving the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol to the extent that it is difficult for the Defendant to drive a motor vehicle, was negligent in driving while driving the motor vehicle in the same direction, and the lower part of the victim E (the age of 41) driving in the same direction was shocked with the front part of the motor vehicle. As a result, the Defendant suffered injury, such as the pipe and human salt, tension, etc. of the part requiring approximately three weeks medical treatment.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, thereby causing the injury of people, and driven a motor vehicle under the influence of alcohol level 0.29%.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident, on-site photographs, and a traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A report on the appearance, uniform, language, attitude, and attitude of a drinking driver;

1. Application of Acts and subordinate statutes of a medical certificate;

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, and imprisonment with prison labor, respectively;

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