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(영문) 광주지방법원 장흥지원 2014.08.07 2014고단41
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On February 16, 2009, the Defendant was sentenced to a summary order of two million won for a crime of violating the Road Traffic Act at the Gwangju District Court. On July 8, 2010, the Defendant was sentenced to imprisonment for eight months and two years of suspended execution.

【Criminal Facts】 The Defendant is a person who is engaged in driving the C Poter, Postopos, and caps.

On November 14, 2013, at around 00, the Defendant driven the above cargo while under the influence of alcohol with 0.190% of the blood alcohol concentration without a driver’s license, and passed the front road of the village hall in front of the village hall in the Gangnam Jin-gunomy-gun, Gangnam-gun, the Defendant got back from the side of the agricultural warehouse to the entrance of the village village.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents, such as taking the back and right of the motor vehicle well into account, accurately manipulating the steering direction and brake system, etc.

Nevertheless, the Defendant did not discover the victim D (the age of 84) who crosses the road to the right side on the left side of the rear side of the said cargo due to the negligence that the Defendant was under the influence of drinking, while driving normally difficult due to the influence of drinking, and received the victim from the rear side of the said cargo.

Ultimately, around December 6, 2013, the Defendant died of the victim due to the foregoing occupational negligence from a F Hospital located in Gangnam-gun E, Gangnam-gu, Jinnam-gun to a high-quality smoking part due to the dysium pulmonary surgery.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. A traffic accident report;

1. Registers of driver's licenses;

1. A death certificate;

1. A written autopsy and appraisal;

1. An accident site photograph;

1. Previous convictions: Application of criminal records, written judgments, and copies of summary orders;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts of the crime (the point of driving without a license).

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