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(영문) 전주지방법원 2019.01.29 2018고정401

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a freight vehicle B in the case of violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

On January 6, 2012, the Defendant driven the above cargo vehicle around 18:50, and proceeded two lanes ahead of the “D” located in Yansan-gu, Jeonju-si C at a speed of about 60km in speed from the king, the king, the king, the United States, along the two-lanes of the road.

However, as the Defendant was under the influence of alcohol concentration of 0.157%, it was difficult for him to see the Jeonju, and it was difficult for him to carry out the operation time of the steering and brakes or the adjustment of its force as the Defendant intended.

In addition, at night, prior to the same direction, the victim E (n.e., the age of 39) followed the F car driven by the victim E, and thus, the defendant was engaged in driving of the automobile and the defendant has a duty of care to safely operate the brake system by accurately operating it.

그럼에도 불구하고 피고인은 위와 같이 음주로 인하여 정상적이 운전이 곤란한 상태에서 위와 같은 주의의무를 게을리 한 과실로 피해자 E이 운전하는 위 카렌스 승용차의 뒤 범퍼 부분을 피고인이 운전하는 위 화물차의 앞 범퍼 부분으로 들이받고, 그 충격으로 위 카렌스 승용차가 앞으로 튕겨져 나가면서 피해자 G(남, 52세)가 운전하는 H 렉스턴 승용차의 뒤 범퍼 부분을 위 카렌스 승용차의 앞 범퍼 부분으로 들이받게 하였다.

Thus, the defendant suffered injury to the victim E and the victim G, such as satise fat, which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the 1km section from the front of the “K cafeteria” road located in J in the J in the Full-si, Busan-si I to the place of the accident described in paragraph 1. The blood alcohol concentration is zero.