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(영문) 전주지방법원 2016.02.16 2015고단1222
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] The Defendant was issued a summary order of KRW 1.2 million by the Jeonju District Court on May 15, 2003 as a crime of violating the Road Traffic Act (driving) and KRW 3 million by the same court on June 5, 2013.

[Criminal facts]

1. On July 9, 2015, the indictment for violation of the Road Traffic Act (divated driving) and the violation of the Road Traffic Act (divated driving) stated the Defendant “2:25 square meters” in the indictment. However, according to the evidence, it is evident that “23:05 square meters” is “23:05 square meters.”

Since there is no substantial disadvantage in exercising the defendant's right of defense, it is recognized as it is.

D 5 vehicles owned by the Defendant under the influence of alcohol concentration of about 0.182% in blood without a driver's license in the section of about 5 km from the front of the Kug-gu Seoul Special Metropolitan City University to the front of the Shimsan-gu Seoul Special Metropolitan City University C restaurant in the Ysan-gu B from the front of the Kumsan-dong Special Metropolitan City to the long-distance road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving the above K5 car owned by the Defendant.

The defendant is marked as the defendant on July 9, 2015, around 23:05, around 1).

As above, even though the driving of a motor vehicle is difficult to drive normally due to influence of drinking such as a string distance, it was driven by the motor vehicle, and the driving of the motor vehicle was driven in front of the restaurant C, which is located in the B of the front city of the front city of the front city, along the two-lanes of the two-lanes of the road between the two-lanes in front of the string apartment bank in the front city of the front city.

In such cases, the driver has a duty of care to thoroughly operate the front-time and the operation of the operation system accurately.

Nevertheless, the Defendant neglected this and proceeded ahead of it in the same direction due to negligence while under the influence of alcohol as above, and stopped, and spread to Ggallon owned by the Victim E (29) who was in the atmosphere of signal, thereby spreading to Ggallon owned by the Victim F (32 o).

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