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(영문) 전주지방법원 2016.11.22 2016고단747
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person who is engaged in driving a CM3 car.

On May 18, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.129% around 23:40, while under the influence of alcohol on May 18, 2016, and driven the road of four-lanes in front of the Etype and the road of four-lanes in front of the Etype and in front of the Etype D in the front city of the Jeonju City. The Defendant driven the said car at a speed of about 40km per hour depending on four lanes towards the department store.

At the same time, the surrounding area was kept at night, and there was an intersection where signal lights are installed at the front of that place, so there was a duty of care to safely drive the vehicle after checking the front side and the left and right, and checking other vehicles in the signal waiting, and to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant found that the Defendant was at the latest at the time when he was negligent in proceeding and did so, and found that the Defendant was at the time when she driven by the Victim F (F) who was in the atmosphere of the signal at the front of the 39-year-old vehicle, and caused the Defendant and the Victim H (V, the 34-year-old), who was on board the said SM3 vehicle, to suffer from the injury, such as the shot seat, tension, etc. in need of approximately two weeks of treatment.

Accordingly, the defendant, under the influence of alcohol, was unable to drive normally and caused the victims to be injured by driving the above SM3 car.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, appearance, uniforms, language, attitude, and report on whether a drinking driver is in danger;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning the crime committed.

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