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(영문) 전주지방법원 2016.08.23 2016고단676
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 liquid cargo vehicle B.

On April 5, 2016, when the Defendant drives the foregoing cargo vehicle while under the influence of alcohol 0.143% in the blood alcohol level around 18:45, and makes a left-hand turn to the right-hand turn at the right-hand direction from the enclosed-gu Seoul Metropolitan Government road at the front of the convenience store in the front of the front city. Since the place is an intersection where signal lights are installed, the Defendant had a duty of care to safely drive the vehicle in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the straight line in contravention of the signal, and received the front part of the victim E (54) driving in accordance with the vehicle driving signals in the opposite direction of the said cargo vehicle, which was driven by the victim E (54 ) under the direction of the vehicle driving, and received the front part of the said amount on the right side of the cargo vehicle.

As above, Defendant 1 driven under a difficult driving due to influence of drinking, and suffered approximately 10 weeks of pulverization of sulverization to the right side, which requires medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to each protocol;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Notification of the results of regulating the driving of drinking, report on detection of a driver of drinking alcohol, report on the circumstances of a driver of drinking alcohol, appearance, language, attitude of a driver of drinking alcohol, the ledger of use of a measuring instrument for drinking alcohol, and report on whether he/she is dangerous;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing of Article 62-2 of the Criminal Act for providing community service and attending lectures [the scope of recommended punishment] general traffic accidents.

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