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(영문) 전주지방법원 군산지원 2017.03.22 2016고단1158
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 31, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) was a person engaging in driving a rocketing car, driving the said car around August 21, 2016, and driving it over the front of the road D in the Jeonra City of North Korea in the direction of apartment of movable property at the bottom of the Geum River basin.

At the time, there were nights, and there were pedestrians on the front side of the Defendant’s vehicle, so in such a case, there was a duty of care to thoroughly see the driver’s license in front of the vehicle, and to prevent the accident by driving the vehicle while maintaining an appropriate interval with pedestrians.

Nevertheless, the Defendant neglected this and neglected to 0.230% of alcohol content while drinking alcohol. The Defendant: (a) was able to drive under the influence of alcohol such as a long distance; (b) did not discover the Victim F (39 years old); (c) was unable to operate the steering gear and brakes in the front section of the Defendant’s vehicle; and (d) was negligent in not operating the steering gear and brakes in order to maintain an appropriate interval with the victim; (b) caused the victim to suffer injury, such as the victim’s mouths and closure on the left side of the road for about 10 weeks, by taking the victim into the left side of the vehicle and having the victim go beyond the road floor; and (c) was inflicted an injury on the victim, such as the victim’s mouths and closure on the left side in need of treatment for about 10 weeks.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the said C rocketing car under the influence of alcohol with approximately 30 meters alcohol content 0.230% from the 30-meter section from the Geum River Down-si's parking lot located in the Gansan-do movable property at the time of the day indicated in the above paragraph (1) to the point of accident as indicated in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Notice of the result of crackdown on the driving of drinking, statement of the situation of the driver of drinking, and report on whether to drive any danger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Criminal facts;

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