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(영문) 전주지방법원 2016.07.05 2016고단296
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 10, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) at the Jeonju District Court on the same day, and on February 4, 2016, the Defendant was charged with summary charges of KRW 5 million for the same crime and is currently pending in trial, and the records of punishment for the same crime are more than twice.

[Criminal facts] The Defendant is a person engaging in driving Cunst Motor Vehicle.

On March 6, 2016, the Defendant driven the said car under the influence of 0.160% alcohol during blood without obtaining a driver’s license on March 17, 2016, while driving the said car at a speed of 0.160%, and driven the road of one lane in front of the Jinnam Village in the Jinwon-gun, Jinan-gun, Jinan-gun, North Korea.

At the time, the victim D (28 Sweet Nos. 28) driven in the same direction as the Defendant at the time was followed, and thus, the automobile driver had a duty of care to look into the situation of the vehicle and to secure a safe distance to avoid when the said vehicle reduces or stops the speed.

Nevertheless, the Defendant did not discover to reduce the speed of the said rocketing car due to the negligence of driving in close vicinity while neglecting it under the influence of alcohol, and did not receive the front part of the said rocketing car with the front part of the said rocketing car, and caused the said victim and the victim F(35 ) who was on board the said rocketing car to suffer from the injury of the said victim and the said rocketing car in need of approximately 2 weeks medical treatment.

Accordingly, the defendant driving a car in a situation where normal driving is difficult due to the influence of drinking, thereby causing the injury of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

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