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(영문) 전주지방법원 2018.12.06 2018고단1891
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment 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 a person who is engaged in driving a vehicle CK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 5, 2018, the Defendant, while under the influence of alcohol 0.244% during blood alcohol, 0.24%, fluencing snow, fluencing snow, fluoring, defluoring, smelling, and smelling, driven the said vehicle, and driven the said vehicle on four-lanes from the direction of the stadium distance to the white school in the direction of the stadium-gu at the time of Jeon-gu.

Since it is at night, a driver of a motor vehicle has a duty of care to prevent accidents due to his/her failure by accurately manipulating the front door and the left and right, and operating the steering and brakes accurately.

Nevertheless, as such, the Defendant neglected this and was negligent in driving so that the part remaining behind the left-hand side of the Defendant’s vehicle, which was driven by the victim D (W, 51 years old) who was stopped on the road in front of the direction of running the Defendant’s vehicle.

As a result, the Defendant suffered brain-dead, etc. by negligence on the part of the Defendant, who did not have any wife within two weeks of open medical treatment for approximately two weeks.

2. The Defendant violated the Road Traffic Act (drinking) driving a C-3 vehicle under the influence of alcohol with a maximum of about 500 meters alcohol concentration of 0.244% from the 50-meter section from the 500-distance area near the Seojin-gu, Seojin-gu, Chungcheongnam-gu, Seoul to the place of accident described in paragraph 1 at the time of vision as indicated in paragraph 1.

3. On September 6, 2018, around 01:15, the Defendant: (a) confirmed the victim G (51)’s background leading up to the former police station F, Jinjin-in Police Station at the traffic accident site as indicated in paragraph (1) of the same Article; (b) confirmed the vehicle accident inspection vehicle images inside the police police vehicle; (c) by hand, the said vehicle’s door was opened in favor of the said vehicle, walked in the front place of the said vehicle, and went into the front place of the said vehicle in mind.

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