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(영문) 광주지방법원 2013.07.03 2013고단1006
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2013, the Defendant driven a car in the Ccoland with a blood alcohol concentration of 0.136% 0.136% on February 17, 2013, and proceeded at the speed of about 60 km per hour from the 4-lane off of the breath of the breathy ground located in the new city of Gwangju, Gwangju, by driving the car in the Ccoland at a speed of 0.136%.

A person engaged in driving service shall observe signals, verify whether he/she is a pedestrian on a crosswalk, not drive in a drinking state, and have a duty of care to safely drive.

Nevertheless, the Defendant neglected this and went through an intersection in violation of the signal, and did not find out the victim D (Woo 18 years old) who dried the crosswalk in accordance with the signals on the left side of the Defendant’s running direction, and shocked the victim with the part above the left side of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as a pelvisa, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes of the Investigation Report (Application of Badmark);

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the occupation of a person causing occupational injury, the choice of a person without prison labor), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime (the occupation of a person driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2, 38 (2), and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing seems to be significant in the degree of negligence of the defendant, and the damage of the victim is relatively significant. However, the fact that the defendant led to the crime of this case, and the vehicle of the defendant is subscribed to the motor vehicle comprehensive insurance, thereby contributing to the recovery of damage.

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