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(영문) 광주지방법원 2013.11.07 2013고단3935
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

[criminal power] On January 21, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for a crime of violating the Employment Security Act at the Ulsan District Court, and completed the execution of the sentence on May 10, 201.

【Criminal Facts】

On September 17, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, etc. by the Ulsan District Court on September 17, 201, and was sentenced to a fine of 1.5 million won by the Ulsan District Court on January 27, 2011.

The Defendant is a person engaging in driving a rocketing car.

On August 8, 2013, at around 02:35, the Defendant driven the said car while under the influence of alcohol with 0.248% of blood alcohol concentration, and proceeded with the crosswalk prior to the Radio Promotion Agency located in the Seo-gu, Seo-gu, Gwangju, in the direction of the radio wave range from the KBS distance flood protection area to 10km in the speed of two lanes among the four-lane roads.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, under the influence of alcohol, the driver neglected to change the vehicle's progress signal to the stop signal, and neglected to proceed as it is, the victim C (W, 46 years of age)'s right edges from the right side of the above vehicle to the left side of the crosswalk pedestrian signal to the right side of the above vehicle.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury such as the labing of the original lab, the upper right-hand part of the first lab, which requires a medical treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on detection of a host driver;

1. The signal system map;

1. A medical certificate;

1. A and an investigation report on criminal records, etc.;

1. Before ruling: The references to criminal records and the date on which the sentence of an investigation report is executed;

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