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(영문) 전주지방법원 정읍지원 2016.07.19 2016고단198
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 a period of 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 before the risk) is a person who is engaged in driving a ccus car in B.

On April 23, 2016, while under the influence of alcohol of 0.140% among blood, the Defendant driven a coos car on the same line with the alcohol level of 0.140%, and proceeded with a road of the first lane in front of the Geumyang-do located in 259-4, in the same way as the international nautical miles of the former High-gun of North Korea, the speed of which is unrecognizable from the breadth of the same beach to the breadth of the nautical miles.

At the time, it was a road bended to the right side where the center line of the yellow-ray is installed. Therefore, the driver of the motor vehicle had a duty of care to ensure the safe operation of the motor vehicle by accurately manipulating the steering and the right and the right and the right and the right and the right and the right of the motor vehicle and accurately manipulating the steering and the steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the steering wheel and brakes by wrong operation of the steering wheel and brakes, and was under normal straight distance in the opposite lane due to the negligence of operation of the central line, and received the D Poter’s right side on the right side of the said D Poter’s freight driving.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in the Defendant’s injury of salt and tension in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking) driving a cubing car under the influence of alcohol with 0.140% alcohol concentration in blood at the time and place specified in paragraph 1, as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (related to the application of the Act on the Aggravated Punishment, etc. of Specific Crimes to the suspect's suspicion (related to the death or injury caused by danger));

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1.(1) The actual survey report;

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