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(영문) 전주지방법원 군산지원 2016.08.10 2016고단481
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of 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 Track Car B.

1. On May 14, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven the said vehicle while under the influence of alcohol content of 0.122% in blood around 00:0, while driving the said vehicle at around 00:12%, thereby driving the said vehicle into the second apartment bank of the Republic of Korea, which led to the flow of 62% of love distance from the north-do Gyeongdo Mara-si, North Korea-si.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation on the front side and accurately manipulating the steering system, etc.

Nevertheless, the Defendant, under the influence of alcohol, was divided into horses, and the snow and nose is shocked and walked, and the walk is difficult to drive normally, and due to the negligence of the Defendant’s failure to drive normally, the part of the victim C(62 )’s seat, rear part of the driver’s seat, front and rear part of the Defendant’s car driving seat of the Defendant.

As a result, the Defendant, while driving at risk due to the influence of alcohol that is difficult to drive normally, caused the injury to the victim C, such as scam, tensions, etc. in need of a medical treatment for about two weeks, and caused the injury to the victim E (the victim of the damaged vehicle, 46 years of age), such as salt, tensions, etc. in need of medical treatment for about two weeks.

2. On the date and time set forth in paragraph 1, the Defendant driven BTrack Motor Vehicle under the influence of alcohol content of about 0.122% at a section of approximately 100 meters from the street near the city of Dosan-si, Jeollabuk-do, Jeollabuk-do, to the road in front of the Greenline for the same Dob movement from the street near the city of Dosan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. The actual investigation report on traffic accidents and on-site photographs;

1. The principal driver;

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