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(영문) 전주지방법원 남원지원 2016.04.05 2016고단24
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 Records] On February 15, 2012, the Defendant issued a summary order of KRW 2.5 million for a crime of violating Road Traffic Act (drinking driving) at the support of the Southern District Court of the Jeonju on February 15, 2012, and the same year.

9.6. The same court has received a summary order of a fine of 2.5 million won due to a violation of the Road Traffic Act.

[Criminal facts] The Defendant is a person who is engaged in driving the C Kaz.

On November 10, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle at around 22:20 on November 10, 2015, driven the said motor vehicle with alcohol content of 0.115% while under the influence of alcohol during blood, and driven the two-lane road in front of the Southern-dong University at Namwon-dong, Namwon-do, Namwon-si along the two-lane from the south side to the front side.

At the time, there are nights, and there is an intersection where signal lights are installed in the front door, so in such cases, there was a duty of care to reduce the speed to those engaged in driving service and to keep the other vehicles' attitudes in the signal lights and the front door from accidents in advance.

Nevertheless, the defendant is inaccurate, face color is red, and the victim D (W, 54 years old) who was negligent in neglecting the duty of the front-time driver under the influence of drinking such as drinking, which was caused by negligence when the driver was unable to drive normally, and the driver was found late to stop the vehicle in accordance with the stop signals, but he did not avoid it, but was found to have been in the front part of the said car rental van.

Ultimately, the Defendant caused the injury to the said victim D, which requires approximately three weeks’ medical treatment due to the foregoing occupational negligence, to the victim F (the 23 years old), who is the fluor of the said car siren, to undergo approximately two weeks’ medical treatment, and to undergo approximately two weeks’ medical treatment to the said victim G (18 years old).

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