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(영문) 광주지방법원 목포지원 2013.08.13 2013고단726

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 of the final judgment.

Reasons

Punishment of the crime

1. Around 22:20 on May 17, 2013, the Defendant driven a B B B B B B eca under the influence of alcohol at the distance of about 8km from the Do before the “Annishing house of the mountain village,” which is located in the Southern-si, Sinpo-si to the intersection of the police station in the Sinpo-si, Sinpo-si to the intersection of the shooting distance of the police station in the Gunpo-si, Sinpo-si to the 2nd apartment complex in front of the Gunpo-si.

2. 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 B driver car;

On May 17, 2013, at around 22:20, the Defendant driven the said car in a state where it is difficult to drive it normally due to the influence of alcohol that reaches 0.142% of blood alcohol concentration, and led the Defendant to turn to the left on the side of the apartment complex of the Yongsan Sea 2 Complex in front of the above car at the police station located in the Yapo-si-si in the Yapo-si, Sinpo-si.

There are no protective left-hand turn at the time, and in this case, there was a duty of care to check whether there is a vehicle driving on the opposite lane and to safely turn left-hand turn by checking whether there is a vehicle driving on the opposite lane and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant had the victim C (the 57-year-old) drive in accordance with the proceeding signal at the opposite lane due to the negligence of neglecting this, and had the front part of the said car driven by the Defendant as the front part of the Duria sita si.

Ultimately, the Defendant caused the injury to the victim C due to such occupational negligence in detail that requires approximately two weeks of medical treatment, such as brain salva, etc., to the victim E (the 65 years of age), who is the passenger of the said taxi, for about four weeks of medical treatment, and to the victim F (the 49 years of age) who is the passenger of the said car, for about seven weeks of medical treatment.