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(영문) 전주지방법원 군산지원 2017.06.07 2017고단450
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

1. On March 27, 2017, the Defendant driven B M& car while under the influence of alcohol content of about 0.20% in blood, from around 300 meters to the front of the Myeon office of the same city, from the near the amendment of the Sinsan-si, the Sinsan-si, the amendment of the Sinsan-si around 16:45 on March 27, 2017 to the front of the Myeon office of the same city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaged in driving a marina car.

On March 27, 2017, the Defendant was under the influence of alcohol content of 0.20% during blood transfusions on March 16:45, 2017, and the Defendant had a duty of care to operate the steering gear and operation safely by accurately operating the steering gear in accordance with the traffic condition on the side of the Myeon Office, the front side of the Myeon Office, located in the 41stmameri-ro Doro 41, as well as the first lane in front of the Myeon Office, in the agricultural bank.

Nevertheless, the Defendant neglected this and received a DNA motor device bicycle driving by the victim C(31) who stops in the aspect of the negligence of driving while under the influence of alcohol.

As a result, the Defendant driven the said car in a situation where it is difficult to drive it normally due to influence of drinking, such as red and partitioning, and thereby, suffered a variety of diversities, such as a divers for about two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, an accident scene, and photographs of an accident vehicle;

1. Notice of the result of crackdown on the driving of drinking, statement of the situation of the driver of drinking, and report on whether to drive any danger;

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 aggravated Criminal Act for concurrent crimes.

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