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(영문) 전주지방법원 군산지원 2015.06.24 2015고단409
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. On March 21, 2015, the Defendant, at around 23:30, driven a C truck under the influence of alcohol with a blood alcohol content of about 0.113% from the section of approximately 2km from the 2km to the entrance of the public playground in the same flag apartment to the road near the entrance of the same flag apartment.

2. The defendant is a person who is engaged in driving C trucks;

On March 21, 2015, at around 23:30 on March 21, 2015, the Defendant driven the above truck and proceeded at an insular speed in accordance with the two-lanes between the three-lanes in the direction of the original selling distance, namely, the three-lanes.

Since there is a cross-section with signal apparatus, there was a duty of care for a person engaged in driving of a motor vehicle to drive the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant was negligent in driving the said truck under the influence of alcohol, such as snow shock, in a situation where it is inaccurate that the walking is difficult to drive normally due to the influence of alcohol, and due to the negligence that entered the intersection of the red signal, and received the left side part of the left-hand left-hand turn of the victim D(69 years old) who was driving in the direction of the front-hand apartment at the time in the direction of the front-hand turn.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the victim's alley of about 8 weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. A medical certificate;

1. Application of each statute on photographs;

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

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