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(영문) 전주지방법원 2018.07.10 2018고단433
특정범죄가중처벌등에관한법률위반(위험운전치상)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

The defendant is a person engaged in driving a benz car.

On February 24, 2018, when the Defendant was under the influence of alcohol content 0.183% and it was difficult to drive under normal conditions, the Defendant proceeded at the speed of 20-30 km from the two-lane road in the front city of Yansan-gu, Seoul on February 24, 2018 to the front section of D in the front city of Yansan-gu.

Since the location is adjacent to a large distance intersection, there was a duty of care to see the road from the driver, maintain the safety distance, and accurately manipulate the steering and brake system to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant, while stopping in the signal atmosphere due to occupational negligence, caused the victim E (the 36-year old-old driver)’s back part of the FSP car driving to the part of the driver’s length of the above sPP car and caused the victim G (the 6-year-old driver’s age) who was on the above sPP car to suffer from approximately 2 weeks of light base and tension, etc., damage to the sPP car in need of approximately 1 week of treatment, and caused the same victim H (the 39-year-old driver’s age) to suffer from approximately 2 weeks of light base and tension in need of treatment, etc., and the same victim I (the 3-year-old driver’s age-old driver’s age) (the 36-year-old driver’s age-old driver’s age-old driver’s age), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning examination of suspects of a defendant involved in investigation into the actual condition of a traffic accident;

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. Statement protocol (E);

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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