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(영문) 전주지방법원 2020.10.06 2020고단1314
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The punishment of the accused shall be determined by two years of imprisonment.

Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Grandroth.

On April 25, 2020, at around 12:15, the Defendant, while under the influence of alcohol level of 0.236%, was unable to drive normally, on the road that is not divided into two lanes near the Jinjin-gu Seoul Special Metropolitan City C construction site, he was driving the said fluence while driving the said fluence at a low speed of 0.236%.

At that time, the Defendant had a duty of care to make a person engaged in driving of a motor vehicle to live well, maintain the safety distance, and safely operate the steering and brake system, because the victim D (the 26-year-old age) who is driving in the same direction followed a motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to operate the steering gear at the front of the foregoing passenger vehicle and received the rear part of the said passenger vehicle due to the negligence of not operating the steering gear safely.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim, such as salt, tension, etc. in need of medical treatment for about 12 days, and injury to the victim F (the age of 41) who was on board the said vehicle, to the victim F (the age of 41) who had no head open in need of medical treatment for about 11 days, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a survey report on actual conditions of traffic accidents, reports on the occurrence of traffic accidents, reports on hearing statements, photographs on site of accidents, reports on whether dangerous driving is permitted, and written confirmation of entrance

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Article 148-2 (3) 1 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the crime at issue (the point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crimes against death or injury caused by dangerous driving).

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