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(영문) 전주지방법원 군산지원 2017.09.20 2017고단399
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) at the Gunsan Branch of the Jeonju District Court, and the said judgment became final and conclusive on February 11, 2017.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle with C low-typ.

On August 16, 2016, the Defendant driven the said car under the influence of alcohol content of 0.199% during blood transfusion around 07:40 on August 16, 2016, and made a left turn to the left from G room on the surface of the E elementary school located in D in the following Hasan-si.

In this case, there was a duty of care to safely drive a motor vehicle, such as taking the front side and left side well and accurately operating the steering system, etc.

Nevertheless, when the defendant neglected to turn to the left without neglecting it due to negligence, the defendant got the victim H (the age of 69) who was walking in the E elementary school from the mast G room to the E elementary school surface, and went beyond the front part of the defendant's driver's car, and exceeded the victim's bridge.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the injury of the part 2 above L2, which requires approximately 12 weeks of treatment, such as the mouths and closure, and the injury of the victim, such as flaging flaging, which requires approximately 6 weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a motor vehicle with Cromatic alcohol content of about 1.5km from the 1.5km section to the place of accident as set forth in paragraph 1, from the 1.5km off the 10-lane 97 following the following city at the time of the day set forth in paragraph 1 to the 1.5km section.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Reports of each traffic accident and site photographs of accidents;

1. Statement of the circumstances of the driver in charge;

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