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(영문) 광주지방법원 2013.05.31 2013고단1377

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. Around 23:00 on March 22, 2013, the Defendant driving a B car under the influence of alcohol with a blood alcohol content of 0.212% at the section of about 1k meters from the roads in front of the main station where the trade name in a non-child of the Gwangju Mine-gu is unknown.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) drive the said car without mandatory insurance at the same date and at the same place as in paragraph (1).

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving), and the Defendant violated the Road Traffic Act, driving the said car as a temporary border as stipulated in paragraph (1), and driving the said car at a speed of about 50 km from a non-child protection area to a speed of about 90 km from the 9rd Nannam Industrial Complex. The Defendant, while under the influence of alcohol, was under the influence of alcohol, was in a state in which the Defendant was unable to perform normal physical manipulation and accident such as a fluoral distance.

Nevertheless, the Defendant is driving a vehicle under the above conditions.

DK5 car driven by the victim C (the age of 29) who was under the influence of the defendant at the front of the vehicle of the defendant, was not found, and the part of the defendant's vehicle behind the vehicle of the victim was concealed.

As a result, the Defendant, while driving a vehicle in a situation where normal driving is difficult due to influence of drinking, suffered injury to the victim, such as light salt, which requires a two-day medical treatment, by negligence, and at the same time damaged the above K5 vehicle to the extent that the sum of the repair cost, such as a panion, etc. is equivalent to KRW 3,709,684.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of actual condition, statement of actual condition of an employee, statement of actual condition of an employee, statement of actual condition of an employee, statement of actual condition of an employee, and statement of results of appraisal;

1. Application of Acts and subordinate statutes to a written diagnosis, written estimate for repair, and written statement of compulsory insurance coverage;

1. Specific crimes provided for in the relevant Act regarding criminal facts.