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(영문) 전주지방법원 2014.07.11 2014고단774
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 of the final judgment.

Reasons

Punishment of the crime

On February 28, 2009, the Defendant, without a motorcycle driver's license on 00:30 on February 28, 2009, driven otobs not registered under the influence of alcohol with a blood alcohol content of 0.138%, and made the intersection of the nar apartment distance in the narsan-gu in the front city of the front city to turn to the left at the narb of the front city of the front city.

However, since it is at night and at all times an intersection where signal lights are installed, in such a case, the Defendant, who is engaged in driving a motorcycle, had a duty of care to prevent the occurrence of an accident by accurately manipulating the boom, operating the steering gear and operating the steering gear in compliance with the signal.

Nevertheless, while under the influence of alcohol at night, the Defendant was driven by the victim B (33 years of age) who was under the direct jurisdiction of the front state of the driver's seat of the vehicle of the lele-ray C, which was driven by the victim B (33 years of age) who was under the direct jurisdiction of the front state of the front state of the vehicle of the le-ray driver's le-ray in accordance with the Madleba, which was driven by the

The Defendant suffered from the injury of the victim and the victim D (the age of 31) who is a passenger of the victimized passenger vehicle by occupational negligence as above, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of B and E;

1. The actual survey report on traffic accidents, and vehicle photographs;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of violation of the Road Traffic Act).

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