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(영문) 광주지방법원 2013.07.04 2013고단2009

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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. 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 car B;

On April 29, 2013, the Defendant driven the above vehicle on April 22 and 45, and driven the front road of the “mastal bones” in the Newdong of Gwangju Mine-gu from the direction of the KBS Transmission Office to the speed of about 60 km from the speed of 3 lanes.

At the time, there is a night and a place where the center line of yellow solid lines is installed, so in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle without leaving the lane.

Nevertheless, as follows 2.2. The Defendant: (a) was fluently friend by snow, nose, and see; and (b) was fluorly fluored by the victim C (year 53) who was driving on the road beyond the center line and was driving on the road beyond the center line due to the negligence of driving the road to the extent that the body cannot be properly accumulated; and (c) the part on the left-hand side of the D car driven by the victim C(year 53) was fluored by the Defendant’s left-hand side of the vehicle

The Defendant received, by its occupational negligence, the fluoral salt fluoral fluor, which requires approximately two weeks of medical treatment to the above victim E (V, 17 years of age) who is the passenger of the above victim vehicle, respectively, in the left-hand fluoral fluor requiring medical treatment.

2. While the Defendant was under the influence of alcohol by 0.220% in blood alcohol concentration at a temporary border under paragraph (1) of this Article, the Defendant driven the said vehicle from the roads adjacent to the KSS Hospital located in the Suwon-dong of Gwangju Mine to the roads adjacent to the said roads in the Newdong of Gwangju Mine-gu, the said vehicle at approximately one kilometer in front of the said roads.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Descriptions of the actual condition survey report, the main entry report, and each diagnosis report;

1. The scene of the accident; and