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(영문) 광주지방법원 2013.03.28 2012고합1238

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On November 9, 2012, the Defendant driving a CF car under the influence of alcohol by approximately 200 meters from the Gwangju Bank located in Seo-gu, Seo-gu, Seo-gu, Gwangju to the early shooting distance, and driving a CF car under the influence of alcohol concentration of 0.212%.

2. A person who is engaged in driving of a car in the Kank-gu under the Act on the Aggravated Punishment, etc. of Specific Crimes, the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Road Traffic Act.

On November 9, 2012, the Defendant driven the said car under the influence of alcohol concentration of 0.212% on blood alcohol level on November 19, 2012, and led to bypassing the front distance of the luminous-dong in Gwangju Seo-gu along the direction of the Health Management Association, along the two-lanes from the direction of the Health Management Association.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to thoroughly operate the front line and safely in the maintenance of the tea line.

Nevertheless, the Defendant, by negligence of breathing the center line by neglecting it and neglecting it, took the part on the part on the left side of the Defendant’s vehicle left side of the Defendant’s vehicle of the victim D driving, which was proceeding along the lane in the opposite part of the Defendant’s direction, into the part on the part on the part on the Defendant’s vehicle left side of the Defendant’s vehicle. They continued to stop the vehicle and forced bypass, and again took part on the part on the part above the Defendant’s vehicle left side of the F driver’s G observer car, which was in the traffic direction at the opposite part of the Defendant’s direction.

Ultimately, as above, the Defendant driving a car in a state where normal driving is difficult due to influence of drinking, resulting in injury to the victim D by “a light dump, tension, etc.” requiring approximately two weeks of medical treatment, and at the same time, damaged the said Apump vehicle owned by the victim H by KRW 1,329,170, and damaged the said Apump vehicle, and owned by the victim I.