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(영문) 광주지방법원 목포지원 2015.11.03 2015고단966
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a Cren car.

At around 15:45 on June 7, 2015, the Defendant driven the said vehicle while under the influence of alcohol with 0.120% of blood alcohol content 0.120%, and driven the front path of the E pharmacy D at the time of Mapopo-si from the 3rd square to the shooting distance of the Mapo-gu Police Station.

At this point, traffic control is near a distance intersection where traffic is controlled by signal, etc., a person engaged in driving of a motor vehicle has a duty of care to properly see the signal and traffic situation of the front bank, and to accurately operate the steering system and the brake system.

Nevertheless, the Defendant, under the influence of alcohol, driven the said car in a state where it is impossible to drive the said car in such a state as where the pedestrian condition is shakens down on either side and the snow shocked, and found it late after the Victim F (F, 42 years old), while driving the GM5 car of the Victim F (F, 42 years old), and caused the Victim’s back part of the passenger car to the front part of the Defendant’s vehicle.

Ultimately, under the influence of alcohol, the driver of a motor vehicle while driving the motor vehicle in such a state that it is impossible to drive the motor vehicle for about two weeks, and caused the injury to the victim F of the above SM5 vehicle, such as cerebral lele, etc., which requires the above SM5 vehicle's treatment for about two weeks, and the injury to the victim H (the 18-year-old passenger) of the above SM5 vehicle, including the injury to the click alle, which requires the victim I (the 16-year-old passenger) for about two weeks of medical treatment, and the injury to the victim J (the 9-year-old passenger) for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Report on the circumstantial statement of a drinking driver, circumstantial report (whether or not a drinking driver is under danger), and notification of the results of the control of drinking driving;

1. Each written diagnosis;

1. Application of statutes on site photographs and photographs of accident vehicles;

1. Criminal facts;

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