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(영문) 광주지방법원 순천지원 2014.03.26 2014고단54

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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

On January 14, 2014, at around 00:30, the Defendant was under the influence of alcohol with 0.190% of blood alcohol concentration 0.190%, and the Defendant was driving a CF (EF) off the front-distance intersection in D at the net City of 1,00, to turn to the left at the right right from the direction of the ethic tunnel.

At night, the location is the private-distance intersection in which the signal, etc. is installed, and the signal, etc. turns on the warning lights. Since the intersection has a crosswalk where the signal, etc. is installed, there is a duty of care to prevent the traffic accident by making safe methods after checking whether there is a person driving a motor vehicle who temporarily stops and drives a motor vehicle or a crosswalk before making a left-hand turn.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left without neglecting it, and caused injury to the victim, such as thale, which requires a medical treatment for about three weeks, by driving the victim F (n, 53 years old) who was standing the crosswalk in front of the crosswalk, with the front wheels of the car driving by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents (1), and (2);

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 6 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1)

1. Probation;