(영문) 전주지방법원 군산지원 2019.06.14 2019고단571

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자간(%)

(영문) 전주지방법원 군산지원 2019.06.14 2019고단571

특정범죄가중처벌등에관한법률위반(위험운전치사상)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a gallon car.

At around 17:40 on May 4, 2013, the Defendant, while under the influence of alcohol of 0.181% in blood on the front road located in the Donsan-si C, the Defendant driven the said car into one-lane between the two-lanes in the direction of the king and the king in the direction of the king.

Since other vehicles were in operation at the same time, in such cases, a person engaged in driving service has a duty of care to properly see the right and the right of the front line, to accurately operate the steering and brakes, to keep the distance from the side by turning on the direction direction, etc. when changing the vehicle, and to take care of the traffic situation of surrounding vehicles, to prevent accidents by overtaking at a safe speed and in a safe manner, and to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, did not turn on a direction-setting direction while driving normally while being difficult, was negligent and the Defendant was driving on two-lanes by leaving the FSP vehicle of the Victim E (FSP) driving that was driven in the two-lanes, thereby having the victim E and the passenger of the above SPP vehicle undergo an rapid radar to avoid collision with the above Defendant, thereby getting plucked by plucking, etc. of the victim G (52 years old).

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the said victim E, such as salt ties and tensions, which require a two-day medical treatment, and suffered injury to the victim G, who is the seat of the said sprink vehicle, such as light dries and tensions, which require a two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the actual state of the driver;

1. The actual survey report and photographs related to accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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