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(영문) 전주지방법원 군산지원 2018.05.16 2018고단60

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On July 22, 2008, the Defendant was sentenced to a suspended sentence of two years for a year, and a fine of 15 million won for the same crime at the Jeonju District Court on April 2, 2009.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a rocketing car.

On January 10, 2018, the Defendant driven the said car under the influence of alcohol level of 0.247% from blood transfusion around 00:30 on January 10, 2018, and continued D’s front road in the next City C from the Dolsan post office located in the next City C, to the frisan church room.

At the time, it was difficult at night, and the snow lowered road was sleeped, so in such a case, the driver had a duty of care to prevent traffic accidents in advance by driving the vehicle under the influence of alcohol, driving the vehicle slowly, driving the vehicle at the right and the right and the right of the vehicle, properly operating the brake system, and accurately operating the brake system.

Nevertheless, the Defendant neglected this and divided the alcohol level into 0.247% of the blood alcohol level into 0.247%, and sustained the victim E (62 years) who walked on a road due to the negligence that was driven while driving under a difficult condition due to influence of drinking, such as the snow with red shocking, etc., while driving under the influence of alcohol, and driving under the influence of normal operation due to the influence of drinking, and caused the victim E (62 years) who walked on a road without looking at the front part of the said rocketing car, and suffered the victim’s injury, such as the removal of abandonment, etc., which is the right flasing part of the said rocketing car for about 10 weeks.

2. Defendant 1, as seen above, is a person who has been punished twice or more due to a violation of the Road Traffic Act (drinking driving), and Defendant 1, from G in the front of G in 00:30 on January 10, 2018 to the road of the accident site as set forth in paragraph 1, is under the influence of alcohol level of approximately 0.247% from the 200 meters away from the 200-meter section to the road of the accident site set forth in paragraph 1.