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(영문) 전주지방법원 군산지원 2013.11.13 2013고단1129
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:10 on August 7, 2013, the Defendant: (a) driven C Poter in the state of alcohol alcohol concentration of about 5 K K 0.215% from the day front of the shop-to-be lusium C lusium C lusium, to the day from the day before the shop-to-be lusium C lusium C lusium C lusium in the lusium.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving of C Poter Cargo, and if the Defendant finds that he is under the influence of alcohol around August 7, 2013, around 17:10, as above, he would drive the above cargo vehicle with the behavioral intersection in the Poter, thereby driving the said cargo vehicle along the two-lanes from the military direction.

At the time, the Defendant classified into sobreath under the influence of alcohol as above, the snow was breath, and the distance was in a state of difficulty in normal driving, such as a big distance, and there was a duty of care to safely drive a person engaged in driving on the road along with an intersection where signal, etc. is installed, according to the signal, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in disregarding the vehicle stop signal and was negligent in driving the vehicle as it is, in front of the vehicle driven by the Defendant, and the victim D (the age of 73) was on the left side of the vehicle driven by the Defendant.

As a result, the Defendant suffered, by its occupational negligence, the injury to the victim D on the left-hand elel elela in need of approximately seven weeks of medical treatment, and the victim F, who was on board the damaged vehicle, with approximately two weeks of medical treatment, such as dump, tension, etc. of the bones of wood, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes to survey reports on actual condition, photographs, reports on detection of drivers, reports on risk driving, and medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the Road Traffic Act as to the crime under the corresponding provision of the Act.

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