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(영문) 전주지방법원 군산지원 2014.02.06 2013고단1546
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:30 on September 25, 2013, the Defendant was under the influence of alcohol with approximately 10km alcohol concentration of about 0.263% from the 10km section to the road at approximately 150 meters away from the 02:50-day fishing village parking lot located in the Hasan-si, Hasan-si, Hasan-si to the 02:50-day fishing village.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B driver car;

On September 25, 2013, the Defendant driven the said car under the influence of alcohol as indicated in the preceding port at around 02:50, and driven it at a speed of about 80 km per hour among three lanes in the direction of 150 meters from the flow of sight to the direction of the road at approximately 150 meters from the flow of sight.

In such a case, there was a duty of care to prevent accidents by safely driving a vehicle by reducing speed and checking the right and the right and the right of the vehicle's driver.

Nevertheless, under the influence of alcohol, the Defendant got the back of the victim C(the age of 49) driver's car driving in two lanes due to the negligence of driving without neglecting the duty of Jeonju as it is.

As a result, the Defendant driven under the influence of drinking, and caused the victim to suffer bodily injury, such as salt, tension, etc. in the trend requiring medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared in C;

1. On-site photographs;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 1 of the Road Traffic Act.

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