(영문) 전주지방법원 2014.05.30 2014고단248

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2014.05.30 2014고단248

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 vehicle.

On September 21, 2013, the Defendant driven the said car while under the influence of alcohol of 0.219% of blood alcohol level 0.23:47 on September 21, 2013, while driving the said car, and driving the alleyway in front of the leukjin-gu's leukjin-gu's children on the right side from Pungnam-gu's lebane to the right side of the lebari-do 1 Dong-dong office. On September 21, 2013, the Defendant got back the said k7 car owned by the victim to the right side of the car driven by the Defendant on the left side side of the e-7 car driven by the victim parked on the right side of the running direction without taking necessary measures.

Since then, the defendant continued to drive the above SM5 car and continued to drive the U.S. car in the direction of the electric station from the four distances of the Korea-U.S. station.

In such cases, a person engaged in driving of a motor vehicle, etc. has a duty of care to prevent accidents and safely operate a motor vehicle by accurately operating the steering direction and brake system, taking into account the traffic situation on the front side and the right side.

Nevertheless, the Defendant neglected to drive a car under the influence of such drinking as above while it is difficult for the Defendant to drive the car normally due to the influence of drinking, and was driven by the victim FF (the age of 45) who was driving one-lane in the opposite direction by negligence, and was driven by the Defendant on the left side of the GNAS car driving.

As a result, the Defendant suffered injury to the victim F, such as a critical signboard escape certificate, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. A report on detection of a host driver;

1. A written diagnosis and written estimate;

1. Application of the actual survey report and photographs related to traffic accidents-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and the aggravated punishment, etc. of specific crimes selected.

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