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(영문) 전주지방법원 2016.06.14 2016고단202
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving a Clearning car.

On January 22, 2016, the Defendant driven the said car under the influence of alcohol level of 0.220% during blood transfusion around 22:00, while driving the said car in the influence of alcohol level of 0.220%, and led the road in front of the E-art parking lot in Yansan-gu, Jeonju-gu.

In such cases, as at the time of night, the defendant had a duty of care to accurately operate the right and the left well, and prevent the accident in advance by accurately operating the steering direction and the brakes, as seen above, the defendant met the bridge of the victim F (W, 57 years old) who walked on the E-art surface from the E-line room of the school post office due to the influence of alcohol and failed to properly look at the rear side of the vehicle.

As above, Defendant 1 driven under a difficult driving due to the influence of drinking, and suffered a diversatory typology that requires the victim to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver under the influence of alcohol, the appearance, uniforms, language, attitudes of the driver under the influence of alcohol, report on whether the driver is under the influence of alcohol, and the ledger of use of the measuring instruments

1. A blood collection report, a request for appraisal of the degree of alcohol in the blood transfusion, and an appraisal report on alcohol in the blood;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 1 and 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

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