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(영문) 전주지방법원 남원지원 2014.11.04 2014고단217
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 engaging in driving a B rocketing car;

On August 17, 2014, at around 23:25, the Defendant driven the said car while under the influence of alcohol with 0.224% of alcohol concentration, and 4 South Won-gu, South Won-si, which is in the intersection of the Southwon-si, proceeded to the intersection from the southwon-si to the southwon-do.

At the time, it was night, and there was a duty of care to safely drive a person engaged in driving service by checking well the front left.

Nevertheless, while being under the influence of alcohol, the defendant was driven by the victim C (the 19-year old) who was stopped in order to cross-road at the front side of the defendant while neglecting this, and was driven by the victim C (the 19-year old) in the front side of the driver's car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered the injury of the said victim, such as light fluoral salt, which requires treatment for about two weeks.

2. Around August 23:25, 2014, the Defendant violated the Road Traffic Act (driving a sound driving) and driven B rocketing car with a blood alcohol content of about 0.224% in the section of approximately 1km from the front of a natural marina restaurant located in the Donwon-si Confucian School, Namwon-si to the intersection.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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