(영문) 전주지방법원 2018.02.13 2017고단2175

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(영문) 전주지방법원 2018.02.13 2017고단2175

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaged in driving of Category C 2 cargo vehicles. On November 2, 2017, the Defendant, around November 19:15, at the time of the Jeonjin-gu forest located in the Jeonjin-gu, Seoul Special Metropolitan City, one-lane of one-lane between the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of alcohol in the blood.

In such cases, all drivers shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and have a duty of care to properly see the traffic situation of the front side and to prevent accidents in advance by safely driving.

Nevertheless, due to the negligence of neglecting this, the Defendant neglected to stop in the front and failed to properly operate the brake system, and caused the victim D ( South and North, 38 years old) who was parked in the front of the Defendant’s vehicle to move ahead of the Defendant’s vehicle, and the rear part of the 3 chemical rolling stock driven by the Defendant’s vehicle in front of the Defendant’s vehicle, and caused the shock that the said vehicle is being pushed ahead and going ahead of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from the injury of the victim D and F, such as light salt, tension, etc. for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven a vehicle as set forth in paragraph 1 at a section of about 500 meters from the ozone distance in the scamba-gu, scambag-on-si at the front of a week, to the place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Dangerous driving;

참조조문

-특정범죄 가중처벌 등에 관한 법률

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