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(영문) 전주지방법원 2019.05.31 2018고단2533
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act (driving) is a person engaging in driving a rocketing car.

On November 16, 2018, the Defendant, while under the influence of alcohol on 0.159% of blood alcohol level on 19:35 on November 16, 2018, was driving the said vehicle at a speed that is impossible to see one-lane of the two-lanes of the two-lane distance from the offline of the road in the case of Kim Jong-si, even though the speech state rhythms, the walking state is very big, and the blood color is very red.

Since there is a road where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents in advance by complying with the wheel line and operating the steering gear accurately and safely.

Nevertheless, the Defendant neglected it while under the influence of alcohol and went along the opposite lane by negligence over the center line, and the full left left-hand side of the Gpoter II driven by the victim F (F, South, 57 years old).

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered the victim’s salt, tension, etc. in need of treatment for about two weeks.

2. Defendant B’s violation of the Road Traffic Act (driving) by Defendant B is the owner of C rocketing car.

On November 16, 2018, the Defendant: (a) around 19:00, at the I week located in Kim Jong-si, and caused the Defendant to drive the said car at the I week; (b) as described in paragraph (1), he knew that he would drive the said car while under the influence of alcohol level of 0.159%; (c) thereby aiding and abetting A to drive the said car by making it easier for the Defendant to commit the said act by driving the key of the said car with the intent to assist it.

Summary of Evidence

1. Defendants’ 1.

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