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(영문) 전주지방법원 2014.12.19 2014고단1990
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 of the final judgment.

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 person engaged in driving a passenger car in B;

On November 1, 2014, at around 03:00, the Defendant driven the said vehicle into the intersection direction of the Jinjin-gu Seoul Metropolitan City (Gu) from the direction of the sand internal market, while under the influence of alcohol with a blood alcohol concentration of 0.144%.

At the time, there was a duty of care to accurately operate the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this, and the victim E (the 37-year-old) who stops in the signal atmosphere at a one-lane opposite to the Defendant was driving the front part of the F Dol taxi vehicle.

Ultimately, the Defendant, while driving in a state where normal driving is difficult under the influence of alcohol, was negligent in the above occupational negligence, and was inflicted on the victim E with salt and tensions in need of a two-day medical treatment, and suffered from the injury to the victim G of the said Bana-si passenger G (V, 21 years old) for about four weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) while under the influence of alcohol with a blood alcohol concentration of 0.14% at the time and time set forth in the above paragraph (1), the Defendant driven the vehicle B in the direction of the sand market at approximately 300 meters from the direction of the sand market to the intersection of the Jinjin-gu Seoul Metropolitan City (Gu) Jinjin-gu C market.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

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

1. The actual survey report and on-site photographs;

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

1. Criminal facts;

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