(영문) 전주지방법원 2016.12.20 2015고단2217

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(영문) 전주지방법원 2016.12.20 2015고단2217

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-est car.

On December 11, 2015, the Defendant driving the said vehicle with a blood alcohol concentration of 0.217% which was difficult to drive normally due to the influence of alcohol around 23:00, and became a two-lane road in front of the forestry cooperative in the Yansan-gu in the Jeonsan-gu in the Jeonju-gu, Jeonju-do, with a ice stadium room.

At the time, there was a vehicle in the signal waiting at the front section, and thus, the driver of the vehicle had a duty of care to properly see the front section and the left and right, and to accurately manipulate the steering direction and the brake system, thereby preventing the accident from occurring.

Nevertheless, the Defendant neglected to do so and led the Defendant to take the part behind the victim C(the age of 21) driver's car in the air traffic signaled at the bend to the bend of the Defendant's car as the front driver's car, and the above log car was pushed down in the future, and the victim E(the age of 38) driver's vehicle in the front of the vehicle was stopped, and the Defendant got a part behind the FSS5 driver's vehicle in the drive of the victim E(the age of 38).

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim C, such as salt, tensions, etc. of the bones of wood, which requires medical treatment for about three weeks, and injury to the victim E, such as crums and tensions, which require medical treatment for about two weeks. In addition, the Defendant damaged the victim G owner of the said Drops to repair the pans, etc. amounting to KRW 1,258,078.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and C;

1. A traffic accident report;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, appearance, uniforms, language, attitude, and report on whether a drinking driver is in danger;

1. Mandatory insurance policies;

1. Each written diagnosis;

1. Written estimate;

1. Application of statutes on field photographs;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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