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(영문) 전주지방법원 군산지원 2014.04.16 2014고단10
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. On September 7, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a motor vehicle B with blood alcohol concentration of 0.166% under the influence of alcohol level on September 7, 2013, and proceeded at a speed of approximately KRW 7-80 km from the direction of the Myeongrogic village near the green ginseng distance located in the Myeongnam-gun of Gyeongnam-gun.

At the time, the Defendant was unable to control the cargo vehicle on a bend path in a state where it is difficult for the Defendant to handle the steering gear and brakes in a normal condition by drinking sob as above, and received a utility pole installed on the left side of the road as the front part.

As a result, the Defendant suffered injury to the victim C (the aged 59) who driven a motor vehicle while driving the motor vehicle in a state where normal driving is difficult due to influence of drinking, such as fladuling franites on the left side, which requires approximately 16 weeks of treatment to the victim D (the aged 31) for approximately 16 weeks of treatment, such as fladuling franites on the left side, etc., requiring approximately 12 weeks of treatment to the victim E (the aged 39) for about 10 weeks of treatment.

2. The Defendant, while under the influence of alcohol level of 0.166% at the above temporary border, driven the above cargo vehicle at a 2km section near the green ginseng distance near the same side of the same side from the sapmomoel parking lot to the snding of the same side of the same side.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. The actual condition survey report;

1. Each photograph (14-19 pages of investigation records);

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle);

1. Commercial concurrence;

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