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(영문) 전주지방법원 군산지원 2018.12.07 2018고단1119

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:00 on July 30, 2018, the Defendant driven B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

2. The Defendant is a person who is engaged in driving a motor vehicle B or B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On July 30, 2018, the Defendant driven the foregoing cargo vehicle under the influence of alcohol, as in paragraph 1, around 18:15, and driven the front road in the Gunsan City C, along with the water village area from the water village area at the sea level at the rooftop elementary school to the water village area.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the front and right and the right and the right and the right and the right of the driver, and accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected to drive normally due to the above influence of alcohol and neglected to do so, and thereby caused the victim E (70 years old) who was left left to the left from the left side of the cargo vehicle operated by the defendant from D to the flood village. The victim E (70 years old) was in front of the right side of the horse driving.

Ultimately, the Defendant suffered from the injury of the victim E, such as the sloping of the bridge, which requires approximately three weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report (1), (2), and on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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 as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol), and imprisonment with prison labor (the blood alcohol concentration).