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(영문) 전주지방법원 2016.08.23 2016고단598
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

[criminal history] On June 4, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeonju District Court. On May 30, 2013, the Defendant issued a summary order of KRW 2 million for the same crime at the same court.

[Criminal facts] The Defendant is a person who is engaged in driving a B observer car.

On April 21, 2016, the Defendant driven the said car under the influence of alcohol level of 0.179% among the blood transfusion around 19:10 on April 21, 2016, and proceeded with a road of 1-lane in front of the Yansan-gu Peace 13-gil, Jeonju-si, the 13-lane, at the same time, on the right speed from the funch apartment to the new CD church.

At the time, there is a risk of collision with other vehicles that proceed in the opposite direction because vehicles are parked on the side of the road in the direction of the defendant's driving direction, so there was a duty of care to safely drive the vehicle and prevent accidents in advance by safely driving the vehicle with the front side and the left side.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding with the Defendant’s negligence, was driving at the opposite direction of the victim C(45) who was driving by the victim C(45) who was driving in the opposite direction of the Defendant, and was taking back the top-hand panion and fences of the observer car in front of the left-hand panion of the observer car above, and had the victim E(32 years old) who was driving on the observer car above, suffered from the injury of the victim and the victim E(32 years old) who was taking advantage of the above observer car in front of the left-hand panion of the observer car.

Accordingly, the defendant, under the influence of alcohol, was unable to drive normally and caused the injury to the victims by driving the observer car.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A traffic accident report;

1. Statement of the circumstances of a driver driving, report of the risk driving, report of the detection of the driver driving, the appearance, uniforms and language of the driver driving.

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