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(영문) 전주지방법원 남원지원 2016.11.22 2016고단183
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On August 28, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.137% 0.137% around 03:11, while driving the car, and driven the two-lane road near the Chuncheon tunnel, which is located in the west-do Gyeong-ri, Namwon-si, Namwon-si, along with the original stop from the direction towards the original stop.

At the time of night, however, it was in the state of a breathy, and in such a case, the driver of the motor vehicle is prohibited from driving the motor vehicle while under the influence of alcohol, and the driver of the motor vehicle has a duty of care to prevent the accident in advance by checking well the right and the right and the right and the right of the motor vehicle.

Nevertheless, the defendant has been under the influence of alcohol while neglecting it.

For road construction, the front part of the E-high-speed car driven by the victim D (year 42) who was driven by the victim D(year 42) who was driven in the front part of the vehicle located in the opposite direction beyond the intersection of the opposite direction was driven by the rubber line instead of the median line.

Ultimately, the Defendant, while driving a motor vehicle under the influence of alcohol, was unable to drive the motor vehicle normally for about two weeks, suffered injury such as salt pans, tensions, etc. in light of the influence of alcohol, and injury to the victim F.(49 years of age) and G (76 years of age) who was on board the said high-speed motor vehicle, for about three weeks of treatment to the victim F.(49 years of age) and the victim G (76 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A survey report on actual condition, accident site, and vehicle photograph;

1. Notification of the control results of drinking driving, a report on the circumstances of drinking drivers, and a report on whether to drive any danger;

1. Each written diagnosis;

1. Investigation report (report on suspect status at the time of control police officers);

1. Application of Acts and subordinate statutes to report internal investigation (accident scene investigation and photographing, etc.);

1. Each relevant Article of the Act concerning criminal facts;

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