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(영문) 전주지방법원 2014.05.16 2014고단203
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car in CMW735i.

At around 00:00 on December 14, 2013, the Defendant driven approximately 5 kilometers at a speed of about 145.7 kilometers per hour in front of the World Cup stadium, which was located in the Sonsan-gu, Jeonju-si, Jeonju-si, Jinjin-gu, Jeondong-si, with the alcohol concentration of 0.01% in alcohol.

However, at night, at the same time, the EEX car driven by the victim D (at the age of 48) is in progress on the front of the same direction, and thus, the defendant engaged in driving business has a duty of care to carefully see the front door, secure a sufficient safety distance, and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, in a situation where normal driving due to drinking is difficult as above, the Defendant was negligent in neglecting the above duty of care and driving 80 kilometers at a speed of 65.7 kilometers at a speed of 65.7 kilometers, which led to the above BMW735I, and received the back portion of the above X-ray car.

Therefore, the defendant suffered injury to the victim, such as cerebral cerebrovascular transfusion, which requires medical treatment for about three months.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report, photograph (one-vehicle black image), on-site photograph;

1. Notification of results of the comprehensive traffic accident analysis;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Order for community service or attending lectures;

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