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(영문) 전주지방법원 2016.10.18 2016고단918
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) is a person engaging in driving of B Cost Star Engines;

On April 15, 2016, the Defendant driven the above van on April 17:55, 2016, and proceeded at the speed of Masan-do, Masan-do, 132, Masan-do, Masan-do, Masan-do, Masan-do, Masan-do.

Since pedestrians walk on the right side of the road that is not divided into vehicular road and delivery, there was a duty of care to safely drive the steering gear and prevent accidents by safely operating the steering gear.

Nevertheless, under the influence of alcohol, when the defendant was negligent in failing to properly operate the steering gear while it is difficult to drive the steering gear, the defendant received the victim C (the 54 years old) and the victim D (the 52 years old age old), who walked on the right side of the steering gear at the place where the steering gear is located, and made the victim D to fall down on the right side of the above string.

The written indictment is written by the victims that they fall down on the right side, but according to the evidence, the victim C was used on the road, and the victim D fell down on the right side, and it does not interfere with the defendant's exercise of his/her right to defense. Thus, the above facts constituting the crime are acknowledged as stated in the indictment without changing the indictment.

Ultimately, the Defendant suffered injury to the victim C, such as her ambl, etc., which requires approximately two weeks of treatment, and the victim D suffered injury, such as the her ambl, etc., which requires approximately eight weeks of treatment.

As a result, the Defendant driven the above van while it is difficult to drive it normally due to the influence of drinking, thereby causing injury to the victims.

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