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(영문) 전주지방법원 2014.04.18 2014고단16
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

1. Around 05:50 on December 29, 2013, the Defendant, while under the influence of alcohol on a blood alcohol level of 0.147%, driven a Csti-type car in the section of about 10km from the front day of the outer Packing road located in the Taejin-gu Seoul Special Metropolitan City to the third-party road located in the same Gu’s village, with a view to around 10km from the front day of the outer Packing road located in the same Gu’s village.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said SP car with the said temporary border service, leading to the two-lane of the said SPP car toward the three-lanes of the said TP car from the movable property room to the three-lanes.

In such a case, the Defendant, who is engaged in driving a motor vehicle, had a duty of care to prevent accidents in advance by safely driving the motor vehicle by driving the motor vehicle with the safety distance from the motor vehicle in front while driving the motor vehicle at night and in front of the front.

However, at the time, the Defendant, under the influence of alcohol, was under the influence of alcohol, in such a state that the Defendant was unable to walk on the road properly due to the rain distance, etc., or to operate the steering gear and brakes.

Nevertheless, the Defendant did not find the victim D (the age of 77) driving while driving a car in the same lane without reducing the speed as above, and did not find the victim D(the age of 77) driving the car in front of the same lane, and received the part of the Defendant’s vehicle back to the front part of the car.

Accordingly, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury such as scarke, etc. which requires the above victim D for about 8 weeks of medical treatment, and the victim F, who is the passenger of the above cargo, for about 4 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each written diagnosis;

1. Exemplary drivers;

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