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(영문) 전주지방법원 군산지원 2013.03.20 2011고단2298
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 two years from the date this judgment became 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 driving the electric knife ( Model TNT and Fixed Power 4.5kw) on duty.

At around 18:20 on October 28, 201, the Defendant was under the influence of alcohol at a point of 20 meters from the 1st-on road of the Sinsan-si, Sinsan-si, the Defendant driven an electric cart with the blood alcohol content of 0.147% at a point of 20 meters away from the 1st-on road.

At the same time, a bicycle driven by a victim B (52 years old) was driven around the sea, and the person engaged in the driving duty has a duty of care to operate the steering gear and brake system accurately, and to safely drive the bicycle in order to avoid collisions with the bicycle by checking well the steering gear and brakes.

Nevertheless, the Defendant did not neglect the above duty of care in a state where normal driving is impossible under the influence of alcohol, and did not discover that the above victim was going to proceed with the electric cart, and did not see that it was above the ground floor of the play, and shocked the victim with the front part of the electric cart.

Ultimately, due to the above occupational negligence, the Defendant suffered injury, such as a scarcity scarke, which requires approximately three weeks of treatment.

2. Violation of the Road Traffic Act and the Road Traffic Act (driving without a license) were operated without obtaining a driver’s license from a section of approximately 100 meters of blood alcohol concentration 0.147% at a distance of about the same 100 meters from the Do in front of the frequency of the 1st head line of the Sinsan-si, Sinsan-si in the case of temporary border, such as the preceding paragraph, to the one front line of the 1st place of the road.

Summary of Evidence

The police investigation protocol, statement of traffic accident occurrence situation, diagnosis certificate, additional diagnosis certificate, driver's license ledger, and report of traffic accident against the accused;

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