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(영문) 전주지방법원 2018.09.04 2018고단1162
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of a vehicle C and C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On March 26, 2018, the Defendant operated the above sealed and third cargo vehicle on the first-lane of the E in Jinjin-gu, Seojin-gu, Seoul on March 26, 2018, and continued to run from the area of the puntarcing church to the area of a national hospital.

In such cases, there was a duty of care to prevent accidents by accurately manipulating the steering system, brakes, etc. for those engaged in driving of motor vehicles.

Nevertheless, the Defendant, in a state where normal driving is difficult due to influence of drinking (0.163% alcohol level in blood) and caused the Defendant to suffer injury, such as dump, tension, etc., in need of two-day medical treatment on the part of the vehicle loaded on the said vehicle, which was driven by the victim FF (n. 35 years old), while driving the said vehicle in a state where normal driving is difficult due to the influence of drinking (0.163% in blood alcohol level) and did not properly change the speed, thereby making the said vehicle fast behind the said vehicle.

2. Violation of the Road Traffic Act (drinking) Defendant 1 driven a vehicle of the above salary class III with alcohol level of about 0.163% from the 70-meter section from the roads in front of the trade infinite-gu, Seojin-gu, Seoul Special Self-Governing Province to the roads in front of the same Gu from the day set forth in the above paragraph 1 to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. A report on whether to drive any danger;

1. Photographss of damaged vehicles by cutting booms;

1. Statement protocol (F);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and each of them shall be punished by imprisonment.

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