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(영문) 전주지방법원 2016.10.25 2016고단869
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

At around 02:20 on May 18, 2016, the Defendant driven the said car while under the influence of 0.137% of blood alcohol concentration, and proceeding the road in front of the Dju store located in Seojin-gu Seoul in the Jeonjin-gu in the Jeonjin-gu in the Jeonjin-gu in the previous city with two lanes each other at a speed of 20km each other depending on the distance of 3 lanes from sand inside the sand market. At night, the Defendant had a duty of care to thoroughly operate the said car at night and to prevent the accident in advance by accurately manipulating the steering and operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the KS 220D car which was parked in the front section of the vehicle due to the negligence of driving a stroke in the front section of the vehicle.

As above, the Defendant, while driving in a state where normal driving is difficult due to influence of alcohol, sustained injury to the victim E, such as catum salt, tension, etc., which requires a two-day medical treatment, and suffered injury to the victim G (V, 33 years old) and H (V, 31 years old) who is a passenger of the said C220D car, for each three-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A traffic accident report (1) (2) and a report on the occurrence of a traffic accident;

1. A copy of the report on detection of a drinking driver, the report on the circumstances of a drinking driver, the report on whether a drinking driver is in danger, and the usage register of a drinking measuring instrument;

1. Application of statutes to copies of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

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