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(영문) 광주지방법원 2013.04.09 2013고단1000
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

Punishment of the crime

The Defendant is a person engaging in driving a leisure car B.

On February 2, 2013, the Defendant driven the said car at a speed of 0.129% alcohol concentration on blood alcohol level around 01:00, and driven the said car at a speed of about 60 km to the speed of speed in the border of the central separation road from the surface of the northwest-gu, Gwangju to the entrance of the monthly retirement or underground tea in the flow of the ebbbbb in the north-gu, Gwangju.

At the time, since the road is at night and its location is installed as a central separation cost, the person engaged in the vehicle driving duty has a duty of care to thoroughly operate the exclusive road at front of the night and to safely operate the vehicle in accordance with the direction of progress.

Nevertheless, the Defendant continued to the opposite direction in the situation where normal driving is difficult due to the influence of drinking, and came to the driving of the victim C(Seoul, the age of 47) driving in the normal lane, and received the front part of the car driving in front of the Defendant’s driving.

Ultimately, due to the above occupational negligence, the Defendant caused the victim E (the age of 30) who was accompanied by the Defendant’s driver’s car to die during the treatment at the F Hospital in Gwangju Mine-gu in around 03:17 on the same day due to the severe damage to the heart and the large beer, and the Defendant suffered injury to the victim C, such as the right francing, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. The actual condition survey report;

1. A death certificate;

1. Medical certificate (Evidence No. 11);

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) concerning the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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