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(영문) 광주지방법원 해남지원 2014.02.19 2013고단379

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

On August 20, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Gwangju District Court's support on August 20, 2007, and a person who had been sentenced to a suspended sentence of two years for eight months of imprisonment with labor for the same crime in the same court on April 8, 2010.

The defendant is a person who is engaged in driving of C windowatom car and has been punished not less than twice due to the violation of the Road Traffic Act.

On November 9, 2013, at around 23:25, the Defendant was under the influence of alcohol with a 0.185% alcohol level, and the Defendant was under the influence of alcohol, and the 1st degree of Dok-do 33-2 high-water level in the Ynam-do, Jeonnam-do, Seoul-do, was under the influence of alcohol level of 0.185%.

At the time, there is a night and a place where the center line of yellow-ray is installed, so a person engaged in driving of a motor vehicle has a duty of care to safely operate the motor vehicle by checking the front line well and by safely operating the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(32 years old) who was driven by the victim D(32 years old) who was under the opposite direction due to negligence in failing to properly operate the steering wheel and operation devices, and was driven by the victim with the left side part of the said windsle car, and caused the victim to immediately operate the vehicle.

Ultimately, the Defendant, under the influence of alcohol, was unable to drive normally due to the influence of alcohol such as a string, with red eye and face, suffered from the victim D and the victim F (the age of 31) who was on board the said rocketing car due to the negligence in the course of performing the above duties, the injury of light chills, tensions, etc. in need of approximately two weeks of treatment, and the injury of two strings that require approximately two weeks of treatment to the victim G (the age of 3) who was on board the said rocketing car, and the injury of two strings that require approximately two weeks of treatment to the victim H (the age of 1) who was on board the said rocketing car.

Summary of Evidence

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