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(영문) 광주지방법원 목포지원 2014.09.18 2014고단703

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is a person who is engaged in driving a EXE car.

On March 31, 2014, the Defendant, while under the influence of alcohol of 00:20%, driven the said vehicle at a 0.105% alcohol concentration, and followed the bus terminal in the upper east of the Flag-si, and followed the bus terminal at a higher level, from the luxe-si, the road adjacent to the Flave Hospital at a low speed, was changed to the two-lane in order to turn to the left.

At the same time, there was an intersection with a yellow flickering signal, and there was a vehicle entering the intersection between Emptn Green Hospital by leaving the intersection in accordance with the high speed, so the driver who wants to change the vehicle has a duty of care to safely change the lane and the brake system so that it does not interfere with the traffic of other vehicles by reducing or temporarily stopping the speed and temporarily stopping the operation of the vehicle.

Nevertheless, the Defendant was negligent in drinking alcohol and changing the fleet to the left-hand side while neglecting it at the time, and due to the negligence of the Defendant’s left-hand side, received the part of the victim C (Y, 34 years old) driving in the front of the vehicle of the Defendant’s vehicle in the drive of the vehicle of the Defendant’s vehicle as an even parts after the driver’s seat.

As above, the Defendant, as a result of influence of drinking, driven while driving a motor vehicle while having difficulty in driving normally, such as protruding distance and red-lighting on face, and suffered from the injury of the victim C and the victim E (the age of 40) who was on board the damaged vehicle for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Notification of the result of crackdown on drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the Road Traffic Act as to the crime under the corresponding provision of the Act.