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(영문) 전주지방법원 2013.11.20 2013고단2117
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B.

On August 28, 2013, the Defendant driven the said vehicle under the influence of alcohol of 0.201% with a blood alcohol concentration of 0.201% on August 28, 2013, and driven the said vehicle along the two-lane road in front of the Jeoncheon-gu, Seoul Special Metropolitan City along the previous week along the two-lanes from the border of movable property.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and there was a duty of care to safely drive the motor vehicle by checking the front side and the left side well.

Nevertheless, the Defendant neglected this and neglected to drive a motor vehicle while driving the motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, and neglected to do so. The Defendant received the back part of the D low-speed motor vehicle driven by C, which was parked at the front of the motor vehicle in the direction of the course, as the front part of the motor vehicle of the Defendant, and due to the shock, got the victim E (57 years old) to be the front part of the said high-speed motor vehicle, and caused the damage to the victim's vehicle by the shock.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury, such as “finites and tensions,” which requires two weeks of medical treatment, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C and G statements;

1. Reports on traffic accidents and on-site photographs;

1. A report on detection of a driver and a report on whether he/she is 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, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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