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(영문) 광주지방법원 2015.05.01 2014고단1055

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On August 21, 2008, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for a violation of the Road Traffic Act at the Gwangju District Court on August 21, 2008, and on April 29, 2013, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of 5 million won by a fine from the Gwangju District Court on April 29, 2013.

1. At around 21:00 on February 8, 2014, the Defendant driven C Poter cargo while under the influence of alcohol with approximately 7km alcohol level of about 0.163% without obtaining a driver’s license from the front side of the restaurant of “heata” located in the transmitting-dong of the Gwangju Mine-gu to the front side of the disease control elementary school located in the gkm-gu, Gwangju City, without obtaining a driver’s license.

2. On February 8, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the above cargo while under the influence of alcohol level of 0.163%, and proceeded at a speed of about 20 km in the speed of about the speed of 20 km on the surface of the Dong University located in the Donan-si in Gwangju Mine-gu, where the above cargo is driven at a level of 0.163%.

At the same time, there was avian influenza disease control early established, so in such a case, a person engaged in driving service has a duty of care to safely drive the front bank and the right and the right and the right and the right and the right and the right, and to prevent accidents in advance by accurately operating the steering and the steering system.

Nevertheless, the Defendant neglected this and proceeded in the same direction as the Defendant by negligence while driving in the same direction as the Defendant, and was driven by the victim D(38 years old), who was at a speed above the speed prior to the speed limit of the above quarantine site, and received the part of the Defendant’s vehicle behind the Epis car and the part concerning the pans in front of the above cargo vehicle.

After all, the defendant is driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and a victim D is treated for about two weeks.