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(영문) 전주지방법원 2016.07.12 2016고단445
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

The Defendant is a person who is engaged in driving a halogizedCC car.

On March 16, 2016, the Defendant driven the said car under the influence of alcohol level of 0.236% among the blood transfusions on March 23:10, 2016, and proceeded with three lanes in front of the e-mail New World apartment in the e-mail of 585, which is located in the e-mail-dong unit in the Jeon-gu Seoul Metropolitan City.

At the time, the surrounding area was kept at night, and the place was where the center line of yellow solid lines is installed, so there was a duty of care to see the front side and the left side in the vehicle driver and safely drive the vehicle with the duty of care to prevent accidents in advance by safely driving the vehicle while keeping the car line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along the center line while driving along the center line, and the victim D(33 ) driven by one lane from the opposite direction of the Defendant, which was driven by the victim D(33 ). The front part of the Eststya car driven by the said victim was driven by the front part of the said halogCC car, and caused the victim to suffer injury, such as the right slots, straws and straws, etc., which require approximately two weeks of treatment.

As a result, the Defendant was unable to drive normally due to the influence of alcohol, thereby causing the injury to the injured party by driving the above halog halogCC car.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting of a traffic accident (1) (2) (on-site inspection report), photographs of the scene of the accident, and reporting on the occurrence of the traffic accident;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and a report on whether he is dangerous;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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