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(영문) 전주지방법원 군산지원 2015.04.02 2015고단8
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving of B Dok truck.

On December 15, 2014, at around 20:20, the Defendant driven the above vehicle while under the influence of alcohol of 0.167% of blood alcohol concentration, and transferred the four-lane road in front of D in the military mountain city C from the border line of the Corporation to the west west box.

At the time, since it was at night and there was an error in rain, there was a duty of care to reduce the speed and make a safe round by checking well the front left by a person engaged in driving of a motor vehicle.

Nevertheless, as above, the Defendant neglected to drive a car in such a state that it is difficult for the Defendant to drive the car normally due to influence of drinking, and was driven by the victim E (the age of 53) driving a F car driving on the left right side of the F car driven by the Corporation pursuant to the new line from the direction of the center line by negligence over the center line, and received the front side of the F car driving by the Defendant’s driving vehicle.

Ultimately, the Defendant suffered from the injury to the victim E and the victim G (V, 31 years of age) who is the passenger of the above victim E and the damaged vehicle due to such occupational negligence, each of which requires two weeks medical treatment.

2. Violation of the Road Traffic Act (Arrivaling) the Defendant driven the said vehicle under the influence of alcohol by 0.167% in a range of about 2 km from the roads near the military energy located in the area of the Sogs of the Sogs of the Sogs of the Sogs of the Sogs of the Sogs of the Sogs of the Sogs of the M

Summary of Evidence

1. Defendant's legal statement;

1. E written statement (the occurrence of traffic accidents);

1. Medical certificates (E, G);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of a drinking driver, notification of the results of crackdown on drinking driving, and report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes governing accidents;

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Criminal Act.

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