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(영문) 전주지방법원 남원지원 2019.02.12 2018고단277

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

On October 21, 2018, at around 20:18, the Defendant, while under the influence of alcohol, 0.249% of the blood alcohol concentration, was able to see a road with one-lane B in front of the Nam-si, Namwon-si, the Defendant driven a Maz car in a state of difficulty in normal driving, with a narrow distance and face red, and continued to proceed in the face of the human being from the seat of the Maz car at the seat of the Madon Eup.

In this case, a driver of a motor vehicle has a duty of care to accurately operate steering the steering direction and brakes while taking into account the boom of the motor vehicle without drinking, and prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant failed to operate the brake system properly due to negligence, and caused the victim D (hereinafter referred to as 57 years old) who was parked on the right side of the road at the right side of the road, following the left side of the EM3 car driven by the victim D (hereinafter referred to as 57 years old) to shock the pan part into the front part on the right side of the EM car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as dump dump, tension, etc. for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A report on whether to drive any dangerous motor vehicle;

1. A medical certificate;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes governing accident sites and vehicle photographs;

1. Article 148-2 (2) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 44 (1) of the Road Traffic Act (which was amended by Act No. 15981, Dec. 18, 2018) concerning the relevant criminal facts, the choice of punishment, and the choice of imprisonment;

1. From among concurrent crimes, the number of concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the sum of the long-term punishments of the crimes referred to in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, shall be added;