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(영문) 전주지방법원 군산지원 2014.11.26 2014고단844
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 who is engaged in driving the C-BR.

On June 28, 2014, at around 14:46, the Defendant driven the above mar alcohol concentration of 0.193% and proceeded at a speed of about 60 km in the speed of 50 km from the surface of a new showing water purification room to the front of the convenience store in the new showing knife at a speed of 0 km. The Defendant was in a state where the snow was seriously shocked and it was impossible for the Defendant to accurately understand the situation at the time, and was in a state where normal physical manipulation and accident cannot be taken to such a degree that he or she could not memory or recognize his or her driving and the fact of the accident.

Nevertheless, under the above circumstances, the Defendant, while driving the said car in a right-hand way, entered the said car immediately from the two-lanes to the first two-lanes, obstructed the central line, and proceeded with the said road from the end of the arms-line to the end of the first construction distance. The part of the victim D(40 years old)'s Ewing and the upper part of the left-hand part of the freight-III is shocked into the front part of the left-hand part of the said passenger vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to drinking, resulting in the victim's injury, such as a escape from the left-hand level, which requires approximately 13 weeks medical treatment.

2. On June 14:46, 2014, the Defendant: (a) driven a bandon-road vehicle with a blood alcohol content of about 2 km from the front side of the Dogwon River Association located in the Geum River-do-si, Gasan-si to the place of accident described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. A copy of a medical certificate;

1. Application of statutes on site photographs;

1. The corresponding Article of the Criminal Act and the aggravated punishment of specific crimes selected for the crime.

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