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(영문) 광주지방법원 목포지원 2013.09.06 2013고정310

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a passenger car in B SP.

On March 15, 2013, the Defendant driven the above car on March 22:45, 2013, and driven the three-lanes of the letter in Samnam-gun, Samnam-gun, Samnam-gun, Samnam-gun, the Defendant proceeded at about 60km in the speed of the city, along the three-lanes of the road.

At the time, the Defendant was under the influence of alcohol concentration of 0.16% and it was difficult for him to see the front bank, and it was difficult for him to carry out the operation timing of the steering and brakes or the adjustment of its force as the Defendant intended.

In addition, at the time, it is night, and at the same time a bend is a bend, so a person engaged in driving a motor vehicle has a duty of care to safely drive the front left and the right.

Nevertheless, as seen above, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to drinking, and was negligent in driving on the right part of the motor vehicle in front of the right part of the said motor vehicle.

Ultimately, the Defendant suffered injury to the victim C (the 29 years of age) who was on the top of the operation of the car in the above SPP site due to the above occupational negligence, for about three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a B Sti-type car under the influence of alcohol by 0.116% from the 2km section from the 2km section to the place where the accident described in paragraph 1 is located at the lower end of the Gyeongdo cafeteria cafeteria, which is located at the lower end of the city of Mapopo-si as stated in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. The actual condition survey report;

1. A medical certificate (C);

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.