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(영문) 전주지방법원 군산지원 2013.05.22 2013고단180
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:00 on January 19, 2013, the Defendant driven a car with a gallon in the state of alcohol alcohol concentration of about 3km from the 3km section from the 19:00 road in which it is impossible to find out the trade name of the Jinsan-si Ginsan-si, Hasan-si. The Defendant driven a car with a gallon in the state of under the influence of alcohol concentration of about 0.191% from the 3km section from the 3km section

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury on Dangerous Driving) is a person engaged in driving a car with Cgallon C. On January 19, 2013, the Defendant driven the said car on January 20, 2013, and proceeded with the road in front of the Cgallon in the Hasan-si, Hasan-si, the Cgallon in front of the Cgallon in front of the Hasan-si, Hasan-si.

At night, at the time, she is sheshe is she at night, and she was she at the front door, she was driving by the victim D(54 years old). Therefore, a person engaged in driving service has a duty of care to thoroughly prevent accidents from occurring during the front door.

Nevertheless, the Defendant neglected to drive under normal conditions due to such influence of drinking as above and neglected to do so, and caused the gallon part of the vehicle driving by the Defendant by negligence, which led to the shock part of the Eclar driving by the victim D with the front part of the vehicle driving by the Defendant.

The Defendant, due to the above occupational negligence, sustained injury to the victim D, such as brain-dead sugar, which requires treatment for about three weeks, and injury to the victim FF (year 51) who was on board the damaged vehicle, such as spawn spawn which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, photographs related to accidents, diagnostic certificates, and master-user licenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning the crime committed.

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