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(영문) 전주지방법원 2014.11.07 2014고단1341
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star A.S. car.

At around 01:20 on August 12, 2014, the Defendant driven the said maid vehicle with a speed of 0.160% alcohol level which is difficult to drive normally. On the other hand, the Defendant continued to drive the said maid vehicle at a speed of about 40 km per hour from the boundary of the Jeonju National University, along with three lanes from the Jeonju National University to the Jeonju National High School.

At the same time, signal lights were installed on the front door, and there were vehicles waiting for the signal, so there was a duty of care to prevent accidents by safely driving the vehicle in accordance with the signals by reducing the speed and by properly examining the right and the right of the vehicle driver.

Nevertheless, as long as the Defendant neglected to perform his duty at the front time while under the influence of alcohol and neglected to do so, the Defendant was negligent in failing to perform his duty at the front direction of the Defendant’s proceeding, and the part behind the victim D (the age of 24) who was in the atmosphere of the signal at the front direction of the Defendant was faced with the part of the Defendant’s front direction

Ultimately, the Defendant caused the victim to suffer bodily injury, such as fluoral salt, for about two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report on traffic accidents;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A report on whether to drive any dangerous motor vehicle;

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

1. Relevant 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 the choice of imprisonment for a crime;

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

1. The fact that the defendant under Article 62 (1) of the Criminal Act led to the confession of the crime of this case and seriously reflects it.

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