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(영문) 전주지방법원 군산지원 2015.03.26 2014고단1393
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for 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

1. The defendant is a person engaged in driving a rocketing cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Risk Driving);

On December 3, 2014, at around 22:15, the Defendant driven the above vehicle while under the influence of alcohol of 0.15% of blood alcohol concentration, and led to the rapid decline of the road of three lanes in front of the E in Do Do Do Do Do Do Do Do si, military, the two-lanes from the direction of the white road Do Do Do Do si, to the long distance between South and North

In this case, the driver of the vehicle has a duty of care to reduce speed and drive safely by properly examining the front left left door in the road where a signal signal, etc. is installed.

Nevertheless, as seen above, the Defendant was negligent in driving while neglecting to drive normally due to influence of drinking, and was negligent in driving on the front side of the Defendant’s driving vehicle, thereby being driven by the Victim F (Age 42) who stops in the signal atmosphere on the front side of the Defendant’s driving vehicle in front of the Defendant’s driving vehicle.

After all, the Defendant suffered from the injury to the Ha (the age of 43) and I (the age of 42), each of which requires approximately two weeks of treatment by occupational negligence, such as salt, tension, etc.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol concentration of about 300 meters from the front day of the high-speed road in which it is impossible to identify the trade name in the Sinsan-si transportation Dong at the time and time under the above paragraph (1) to the front day of the road in the same Dong, while under the influence of alcohol concentration of about 0.15%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each written diagnosis (F, H, I);

1. A report on the status of a drinking driver, a report on the status of a drinking driver, and a report on whether he/she will drive any danger;

1. Application of the occurrence report on traffic accident, the actual condition investigation report on traffic accident, and the Acts and subordinate statutes governing site photographs;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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