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(영문) 전주지방법원 군산지원 2015.06.24 2015고단313
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a driver of a passenger car in C Spoty

At around 22:50 on November 28, 2014, the Defendant driven the above vehicle, and turned directly from the apartment on the culp apartment on the side of the Culp apartment while under the influence of alcohol, the blood alcohol concentration of 0.172% in front of the Eve point in Sinsan-si D in Sinsan-si.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to report the traffic situation well and prevent accidents in advance by driving safely.

Nevertheless, the defendant is negligent in doing so and is proceeding.

Defendant

The upper part of the G K5 car driven by the victim F(29 years of age) who is straight to the right-hand side of the driver car was shocked by the middle part of the left-hand side of the driver car.

In the end, the Defendant suffered from the victim F by negligence in the course of performing his duties the salt, tension, etc. of the trend requiring two weeks medical treatment.

2. On November 25, 2008, the Defendant violated the Road Traffic Act (e.g., drinking or unlicensed driving) has the record of issuing a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Jeonju District Court’s Gunsan Branch, and on November 17, 2014, the same court issued a summary order of KRW 4 million as a fine for the same crime.

Although the Defendant had had a history of drinking twice or more as above, on November 28, 2014, at around 22:50, the Defendant driven a car with C Spact-type without a driver’s license, under the influence of alcohol leveling 0.172% at a distance of about 300 meters from the day before the alcohol point in the trade name of the So-spact-si, YU-si, YU-si, YU-si, and the front day of Epact-si, Gunsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. The actual condition survey report;

1. Inquiry about the results of the control of drinking driving;

1. A report on whether to drive any dangerous motor vehicle;

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