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(영문) 전주지방법원 정읍지원 2012.11.07 2012고합89
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 30, 2007, the Defendant issued a summary order of one million won as a crime of violation of the Road Traffic Act by this court. On July 18, 2008, the Defendant had been sentenced to six months of imprisonment with labor at the Gwangju District Court due to a crime of violation of the Road Traffic Act. The Defendant is a person who is engaged in driving of Category C cargo vehicles.

1. On June 25, 2012, at around 12:15, the Defendant driven the said vehicle while under the influence of alcohol with 0.185% of the blood alcohol concentration, and proceeded with the roads of the first line on the road in the Hegsan Island, which is located in the Sigsan Island, from the long-distance flood protection area to the long-distance rock village protection area.

2. At that time, the Defendant was under the influence of alcohol, and thus, it was difficult for the Defendant to carry out the operation timing of the steering and steering system or the adjustment of its force according to the intention of the Defendant.

In addition, since the above road has a central line installed in the center of the road, the defendant engaged in driving service has a duty of care to live well with the front line while driving the motor vehicle without exceeding the central line.

Nevertheless, the Defendant neglected the above duty of care in a situation where normal driving is difficult due to drinking, and due to the negligence of driving beyond the central line, caused the victim D(21 years old) driving math car in the opposite line to the opposite vehicle by the negligence, which led the victim to the front part of the left-hand part of the said cargo vehicle.

Therefore, the Defendant suffered injury to the victim D, such as knee-free knee-pathing, etc., which requires approximately three weeks of treatment, and injury to the victim F (21 years of age) who is the seat of the Mae-math vehicle, which requires about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The details of the use of drinking meters;

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