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(영문) 전주지방법원 군산지원 2016.07.15 2016고단428
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 April 16, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven a motor vehicle in the Espo-land under the influence of alcohol concentration of 0.124% on the three-lane road in front of the D upper point in the Gunsan-si C around 18:20 on April 16, 2016, the Defendant driven a motor vehicle in the direction of the espo-land and driven the motor vehicle in the direction of the north and the north along the two-lane.

A person engaged in driving of a motor vehicle has a duty of care to make a change of course by operating a direction direction when changing the vehicle line, giving prior notice of a change in course, and to make a change in the vehicle line at the right and the right and right of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and thereby changed the fleet to the left side, and thereby received the Gsch Rexton car from the injured F (51 Do) drive, which was in progress on the left side, and then received the right side part of the Defendant’s front side of the front side of the passenger car.

As a result, the Defendant: (a) was able to see the direction of a road by the influence of drinking; (b) was able to walk without walking; (c) was able to walk without walking; and (d) was able to drive the said vehicle in a state where it is difficult to drive the vehicle normally, such as with very red and snow shock; and (d) was inflicted an injury on the victim, such as a light, hump, and tension for about two weeks of treatment.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant under the influence of alcohol with a 0.124% alcohol concentration in blood 0.124% from the 1-2km section from the roads in front of the mutual aesthetic point in the Sinsan Sinsan Sinsi Movement in the same day as the preceding paragraph to the roads in front of the D upper point in the Sinsan Sinsan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual condition and a report on the detection of a driver engaged in driving;

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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, shall be selected as imprisonment.

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