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(영문) 전주지방법원 정읍지원 2013.06.11 2013고단226
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

The defendant is a person who is engaged in driving a vehicle Beltra.

On February 16, 2013, the Defendant driven the above vehicle under the influence of alcohol of 0.143% in blood alcohol concentration at around 00:20 on February 16, 2013, and led the Defendant to drive the above vehicle in front of the 3rd west Reconciliation ZKKKKKKKKKGGGG in the same area as the 4th sponsor of the same sponsor apartment.

At the time, the defendant was under the influence of alcohol that it is difficult for him to see the Jeonju, and the time when the operation of the steering and brakes is operated, or it was difficult for him to control the force as he intended.

In addition, at night, the front door of the vehicle was not secured properly, and since the victim C(29 years old) bicycle is driving on the front door of the vehicle, the defendant engaged in driving of the vehicle has a duty of care to properly see the front door and to prevent the traffic accident by accurately manipulating the steering and operating the steering system.

Nevertheless, as seen above, the Defendant was negligent in driving the victim's rear wheels part of the victim's bicycle with the previous wheel part of the above vehicle due to the negligence that the Defendant was unable to drive normally due to drinking.

As a result, the Defendant suffered injury to the victim, such as double alleys and alleys of internal alleys, which require approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report and on-site photographs;

1. A report on detection of a host driver;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspension of execution is the same as that of a crime under Article 62(1) of the Criminal Act and its mistake is recognized;

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