beta
(영문) 춘천지방법원 2018.09.18 2018고단691

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The Defendant is a person who is engaged in driving of C Poter trucks in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 10, 2018, the Defendant driven the above cargo vehicle around 20:05, and entered the road that leads to the slope of the new death distance from the front of the road, which is located in Gangwon-si, Gangwon-do, Gangwon-do.

There have been three-lanes of traffic volume and duty of care to safely drive the car according to the direction of road driving for those who are engaged in driving of freight cars as they are in the around traffic condition prior to their entry, and the vehicle has been obliged to safely drive the car according to the direction of road driving.

Nevertheless, the Defendant neglected to do so and led the victim Franchis of the victim Franchis that was driven at one lane due to the negligence of disregarding the direction of the road along the blood while under the influence of alcohol 0.186%, which led to the impact on the right side of the driver’s vehicle of the victim Franchis that was driven at one lane due to the negligence of driving the road.

As a result, the Defendant suffered injury, such as the injury to the victim, who was unable to drive normally due to the influence of drinking, due to the foregoing occupational negligence, for about two weeks of medical treatment.

2. On July 3, 2009, the Defendant violated the Road Traffic Act (drinking) by having a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking) at the Chuncheon District Court on July 3, 2009, and on October 31, 2012, a person who was issued a summary order of KRW 4 million with the same offense by the same court on October 31, 2012, violates the provisions on prohibition of drinking under the Road Traffic Act not less than twice.

The Defendant driven the foregoing cargo while under influence of 0.186% alcohol concentration in blood at the time and place specified in paragraph 1.

Accordingly, the defendant, who violated the prohibition of drinking under the Road Traffic Act more than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident, report on the occurrence of a traffic accident, a report on actual condition investigation, and a traffic accident;