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(영문) 전주지방법원 남원지원 2014.10.14 2014고단199
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. The defendant is a person who is engaged in driving of CPoter cargo vehicles;

On May 18, 2014, at around 16:15, the Defendant driven the above cargo while under the influence of alcohol 0.257% of alcohol concentration, and led the front of the old Han-gu driver's license test site located in the Yeng-gun of North Korea to the Guamri from the side of the new intersection.

Since there is a place where the center line of yellow solid lines has been installed, there was a duty of care to safely drive the vehicle to the person engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the center line over the center line while under the influence of alcohol and received the front part of the left side of the Switzerland car driven by the victim D (the age of 67) who was driving in the opposite direction of the Defendant.

As a result, the Defendant, while driving the above cargo in a situation where normal driving is difficult due to the influence of drinking, sustained by negligence the above victim a bodily injury, such as salt, tension, etc. of the chill that requires medical treatment for about two weeks.

2. On May 18, 2014, the Defendant: (a) around 16:15, the Defendant driven a Cpoter truck under the influence of alcohol with a blood alcohol concentration of 0.257% from the section of approximately 2 km from the front of the local center located in the Ya Chang-gun, Chungcheongnam-gun, the Chungcheongnam-gun, a local community center located in the Ya Chang-gun, the Young-gun, to the front road in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report or a traffic accident report (1) (2);

1. Photographs;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act.

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