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(영문) 전주지방법원 2018.01.23 2017고단1421
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 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 a vehicle with the highest amount of driver's license.

On July 1, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.114% from blood alcohol level in around 02:45 on July 1, 2017, and driven the road of 5 lanes in front of the Heung apartment located in 545 in the Yansan-gu in Jeonju-si, Jeonju-si along the two-lanes in front of the Heung apartment.

At the time, since it is night and a long distance intersection, there was a duty of care to safely drive a motor vehicle in a manner that is difficult to drive due to drinking while reducing the speed for a person engaged in driving service, and to refrain from driving a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the defendant's negligence of driving a vehicle under the influence of alcohol while neglecting this, led to the driver's vehicle's front part of the driver's vehicle, which driven by the victim C(37 tax) who is waiting for a signal at the front direction of the defendant's running.

Ultimately, as seen above, the Defendant, by negligence, driven a motor vehicle while driving a motor vehicle in a situation where normal driving is difficult due to drinking, suffered injury to the victim E (V, 36 years old) and the victim F (1 years old), such as climatic salt, tension, etc. which requires a two-day medical treatment, and suffered injury to the victim E (V, 36 years old) and the victim F (1 years old), respectively.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B-hand vehicle in the state of alcohol alcohol level of about 200 meters from the 200-meter section to the place indicated in paragraph (1) from the Haak-gu Haak-gu Haak-gu Haak-si, Seoul Special Self-Governing Province during the day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. A report on whether to drive any danger;

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