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(영문) 전주지방법원 정읍지원 2016.11.24 2016고단221
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

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 C observer car.

On April 27, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.139% 0.139% around 20:27, while driving the said car, and driving the three-lane road in front of the D in front of the due Eup/Myeon at the multi-level restaurant in the multi-level restaurant, at a speed of which the speed cannot be known through two-lanes depending on the private distance range of the said elementary school.

At the time, it was difficult for the Defendant to turn off the down surface, and the Defendant was followed by the F SP car driven by the victim E (n.e., the age 41) prior to the same direction. As such, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is able to take into account the situation and to secure a safe distance when the motor vehicle stops.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop at the front time while driving the said vehicle, and went into the front part of the Switzerland car driving by the Defendant due to the negligence of driving the said vehicle in close vicinity, and due to the shock, the said Switzerland car was driven by G which was parked in order to keep the signal in front of the Switzerland car while driving the said Switzerland car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered from the fluoral fluoral fluoral fluoral fluor, etc. in need of a two-day medical treatment to the victim I (the 68 years old) who was on board the said car, and the victim J (the 68 years old) was in need of a two-day medical treatment to the victim I (the 68 years old), respectively.

2. The accused of the violation of the Road Traffic Act shall be the date and place specified in paragraph (1).

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