(영문) 창원지방법원 진주지원 2018.11.21 2018고단1250

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 진주지원 2018.11.21 2018고단1250

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bunst Pacific Cargo Vehicles.

On August 19, 2018, the Defendant, at around 17:00, 00 alcohol concentration reached 0.187% during blood, and a large string distance, which is difficult to drive normally under the influence of alcohol, led to the operation of the above cargo vehicle in the state that it is difficult to drive normally, thereby driving the national highway C, 59, in the direction of sulfur production in the area of Busan Cheong-gun, Busan Cheong-gun.

Since there is a one-lane road where the center line is a yellow solid line, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and proceeded with the center line as it is, and received the full part of the Ework of the victim D(50 S) drive of the victim D(50 S) who was going on the opposite vehicle line, as the front part of the said cargo vehicle by the Defendant.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as a mouth of the left-hand body, which requires approximately seven weeks of treatment, injury to the victim F (24 years of age) who was on the top of the above car operation of the victim D to approximately two weeks of treatment, injury to the right-hand shoulder, tensions, etc. requiring approximately 2 weeks of treatment, injury to G (V, 49 years of age) who was on the back side of the victim D’s above car to approximately 4 weeks of treatment, and injury to the victim H (V, 22 years of age) who was on the back seat of the victim D’s above car to undergo approximately 8 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the statement of strongness;

1. Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning criminal facts

유사 판례

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