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(영문) 전주지방법원 2016.12.13 2016고단1579
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for 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 of Bone Star Co., Ltd.

On August 28, 2016, the Defendant was under the influence of 00:25% of blood alcohol concentration of 0.147%, and the Defendant driven the said van and proceeded with the road in front of the 771-person runway in front of the Jinjin-gu Seoul metropolitan area at the front line as the front line of the road from the front line of the front line to the front line of the four-lane 20 km speed. At night, the Defendant was at night and at the front line, at night, the victim C (the 62-year-old driver) was temporarily stopped according to the vehicle stop, and thus, the Defendant had a duty of care to thoroughly see the front line and accurately manipulate the steering and operation devices in order to prevent accidents in advance.

Nevertheless, the Defendant, while driving a taxi without being negligent in driving the taxi under the influence of alcohol, operated the brake system by negligence that was found late after the taxi, but did not reach the previous part of the taxi.

As above, the Defendant driven under the influence of alcohol in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim C, such as salt, tension, etc. of the bones of wood that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) (2) and a report on the occurrence of a traffic accident;

1. The circumstantial statement of the driver and the report on whether he/she is a dangerous driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs, such as accident site;

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. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Criminal Act.

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