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(영문) 전주지방법원 남원지원 2013.12.17 2013고단247
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 engaging in driving a CNS car;

On September 18, 2013, the Defendant was under the influence of alcohol with 0.147% of blood alcohol concentration at around 14:15, and stopped two lanes in front of a simplified station located in the king-si, Namwon-si, and entered a one-lane from the total room of the people to the west-ri plane.

In this case, the defendant, who is engaged in driving service, has a duty of care to inform the change of the vehicle line by direction, etc., and to prevent accidents in advance by safely changing the lane in the surrounding traffic situation.

Nevertheless, the Defendant neglected this and neglected to change the lane to one lane as is, and thereby, received the part adjacent to the driver’s seat of the No. NA that was driven by the victim D (W, 50 years old) who was driving in the latter from the latter side of the No. NA car.

As a result, the Defendant, while driving in a state where normal driving is difficult due to influence of alcohol, sustained injury by the victim D and the victim F (the age of 23) who were on board a halog car, due to the injury of the victim D and the victim F (the age of 23) in need of medical treatment for about three weeks.

2. On May 10, 2007, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on May 10, 2007, and on January 25, 2008, the same court was sentenced to a suspended sentence of two months for imprisonment for a violation of the Road Traffic Act.

The Defendant driven a CNS car at approximately 10 meters away from the 10-meter section while under the influence of alcohol content 0.147% at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A traffic accident report and a traffic accident;

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