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(영문) 광주지방법원 목포지원 2013.10.25 2013고단1415

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On February 1, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Gwangju District Court on February 1, 2008, and by receiving a suspended sentence of two years for the six months of imprisonment for the same crime at the same court on November 12, 2008.

【Criminal Facts】 The Defendant is a person engaging in driving a C car.

On April 20, 2013, the Defendant driven the above vehicle while under the influence of alcohol 0.166% of alcohol concentration on blood on April 20, 2012:25, and led the Defendant to proceed along one-lane between the two-lane distance from the direction of the border to the direction of the road in front of the new North Korean terminal in Yongnam-gun, Youngnam-gun.

Since there is a road where the center line is maintained in yellow solid lines, a driver has a duty of care to operate a vehicle without the center line in compliance with the vehicle line.

Nevertheless, while under the influence of alcohol, the Defendant got off the center line before reaching the intersection to turn back to the right side of the vehicle driven by the Defendant due to negligence before reaching the intersection, and received the part of the E5 ton in front of the right side of the E-5 tons of the cargo driven by D, which was driven by D, in the right side of the vehicle driven by the Defendant.

Ultimately, the Defendant sustained injury, as seen above, to the victim F (V, 59 years of age) who was driven by the Defendant by negligence while driving the said vehicle in a situation where normal driving is difficult due to influence of drinking, such as a multi-mediate scamcrashing in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The first prosecutor's statement concerning F;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Reports on detection of drivers, circumstantial reports (whether to drive under hazard) and circumstantial reports on drivers;

1. Investigation report (official application of the Ba mark);

1. A medical certificate with respect to F;

1. Evidence and photographs of the traffic accident scene;

1. A previous conviction in judgment: