beta
(영문) 광주지방법원 목포지원 2013.10.25 2013고단1315

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant, on June 3, 2008, was 0.117% of the blood alcohol concentration at the time of the crime of violation of the Road Traffic Act in the application of the Gwangju District Court for the Yanpoon on June 3, 2008

on May 26, 2010, the blood alcohol concentration at the same court was 0.109% at the time of the same crime.

a person who has violated Article 44 (1) of the Road Traffic Act not less than twice, such as receiving a fine of two million won.

【Criminal Facts” around 23:00 on July 11, 2013, the Defendant driven a bpin or other car under the influence of alcohol with a blood alcohol content of approximately 0.156% from the 1km section of approximately 1km to the coast station in front of the coast station located in the same east-dong at the same time.

2. 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 BF car;

On July 11, 2013, the Defendant driven the said car under the influence of alcohol of 0.156% at blood alcohol level around 23:00 and led to the cross-road intersection in front of the coastal oil station in the direction of the eline distance in the upper east at the time of Fapo-si.

At the time, since it is at night and at a three-distance intersection without signal, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by operating the steering gear and brakes accurately and safely.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s driving on the front left-hand part of the victim C(the 41-year-old driving) driving of the victim C(the 41-year-old driving) driving on the right-hand part of the front-hand part of the said car.

In the end, the defendant is responsible for driving the car in a situation where normal driving is difficult due to the influence of drinking, and the defendant is responsible for the victim's negligence in need of approximately five weeks of medical treatment.