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(영문) 전주지방법원 2013.10.24 2012고합259
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 11, 2012, the Defendant was sentenced to imprisonment with prison labor for four months and four months at the Jeonju District Court for a violation of the Road Traffic Act.

9. 13. The judgment became final and conclusive.

1. The Defendant is engaged in driving a B observer car.

On December 23, 2011, the Defendant driven the above vehicle while under the influence of alcohol around 23:50 on December 23, 2011, and driven the two-lane road in front of the 691 Bupyeong Apartment apartment complex 3-lane 691, Jinna Apartment apartment complex at a speed that is impossible to identify one lane depending on one-lane.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents by driving a motor vehicle safely, such as making a good report on the situation of mobile traffic, accurately manipulating steering equipment, etc.

Nevertheless, the defendant neglected to do so and is proceeding with the central line.

On the opposite side, the Done Star vehicle driven by the victim C(54 years old) who was drinking in the opposite side was unable to avoid the vehicle under the influence of alcohol and was shocked by the Defendant's vehicle's front part of the driver's seat.

As a result, the defendant suffered from occupational negligence on the part of the victim about two weeks of medical treatment, such as spawn spawn.

2. The Defendant was demanded to respond to the measurement of drinking alcohol by inserting the breathm for about 30 minutes during the same date and at the same place, while driving the said vehicle under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a breath, smelling, snicking by a policeman E belonging to the same Yancheon Police Station, snicking on the face, making a breathing, etc.

Nevertheless, the defendant has avoided this and without any justifiable reason.

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