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(영문) 전주지방법원 정읍지원 2018.01.11 2017고단418

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant is also a person who is engaged in driving a sports cargo vehicle as a driver of the sports cargo vehicle, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 27, 2017, while under the influence of alcohol 0.176% among the blood transfusions, the Defendant driven the above cargo while driving at around 22:20%, and continued to drive a two-lane road at a point of 145 km away from the west of the Honam Highway located at the west-si at the time of regular Eup, along the two-lanes from the west to the west.

At the time, at night, the Defendant was at night, and the Defendant was behind the DK3 vehicle driven by the victim C along the two-lanes in the same direction, so it is necessary for a person engaged in driving a motor vehicle to not drive the motor vehicle under the influence of alcohol, as well as, even if driving, there was a duty of care to ensure the safety distance between the motor vehicle and the motor vehicle, to ensure the safety distance between the motor vehicle and the vehicle, and to operate the steering direction and the system accurately.

Nevertheless, the Defendant neglected to do so and did not live well before the vehicle while driving the vehicle in the vicinity of the above vehicle and received the front part of the above cargo vehicle by negligence.

As a result, the Defendant, under the influence of drinking, driven the above cargo while making it difficult to drive the vehicle normally, such as red, string of walking, and smelling in the entrance, due to the influence of drinking, suffered from the injury of the victim C and the victim E, who was on board the above vehicle, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving the said cargo under the influence of alcohol level of about 0.176% from a distance of about 70km to the road at a point of 145 km away from the front and rear door of the Southern University located in the Yongsan-gu, Gwangju, Gwangju, to the roads of the 145 km-in-Eup-si, Chungcheongnam-do.