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(영문) 광주지방법원 목포지원 2014.08.18 2014고단936

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

On May 14, 2014, at around 21:25, the Defendant driven the said car while under the influence of alcohol of 0.203% of blood alcohol concentration, and driven the said car at a low speed depending on one lane from the side of the square of 3 square, the front side of the Franchise is driving three lanes.

Since at night and at all times signals are installed, in such cases, the driver of the motor vehicle has a duty of care to reduce the speed to those engaged in driving the motor vehicle and to prevent the accident by driving the motor vehicle well by looking at the other motor vehicles' attitudes in the signal and the front door.

Nevertheless, the Defendant, while drinking alcohol at the time and driving without reducing the speed, was found late to depart from the driving of the victim C(59 years of age) D in the same direction by stopping and driving by the stop signal, and was taking urgent action, but the Defendant was not faced, and was behind the victim's vehicle in front of the right part of the Defendant's vehicle.

As above, the Defendant driven under the influence of drinking, such as a fluorous flag and red-light belt on the face, while driving the victim C while having difficulty in driving normally and making it difficult to drive the victim C with approximately two weeks of medical treatment, and suffered from the injury of the victim E (the age of 52), who was on board the damaged vehicle, with approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. A report on detection of a host driver;

1. The actual survey report and on-site photographs;

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

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Act.