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(영문) 전주지방법원 남원지원 2015.11.24 2015고단237

특정범죄가중처벌등에관한법률위반(위험운전치사상)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 two years from the date this judgment becomes final and conclusive.

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) led a person engaged in driving Cknan car, and a person driving the said car with a blood alcohol concentration of 0.225% around September 11, 2015, while under the influence of alcohol around 18:35 on September 11, 2015, the driving distance of the said car was directed toward the private distance of the egrative forest located in the egrative port of South Won-

At the time, the location is the intersection of a private distance, and there are vehicles waiting for a signal signal at the front direction of the defendant's proceeding, so in such a case, there was a duty of care to look at the front line well and to prevent accidents by accurately manipulating the steering gear and to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant got off the part of the victim D (the 22 years old) driving Maz car in the front direction of the Defendant’s driving, which was in the traffic signal at the front direction of the Defendant’s driving, and caused the impact on the part of the Defendant’s driving ahead of the Maz car, which was in the front direction of the Maz car.

As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. On May 1, 2009, the Defendant was issued a summary order of KRW 700,000,000 as a fine for the violation of the Road Traffic Act in the Southern District Court of the Jeonju on the other hand, and on December 16, 2013, a summary order of KRW 2 million as a fine at the Suwon District Court of the same offense.

The Defendant driven a car as stated in paragraph (1) in the state of alcohol alcohol concentration of approximately 0.225% from the Do near the restaurant located in the Dowon-si, Namwon-si to the place described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. A report on the statement of the executive status of an employee;