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(영문) 광주지방법원 목포지원 2016.10.20 2016고단239
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:40 on December 18, 2015, the Defendant was driving a Cone Star Motor Vehicle under the influence of alcohol 0.168% without obtaining a driver’s license from the 3rd square near the 3rd square in Sinpo City, Sinpo City, to the roads in the above Sonpo MC located in Sinsan City, and without obtaining a driver’s license.

2. The defendant shall be engaged in driving a car free shop in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

At around 20:40 on December 18, 2015, the Defendant driven the said car while under the influence of alcohol, and driven the three-lane ahead of the wooden MbC in the Sinpo City, Sinpo City, Sinpo City, at the speed of speed from the 3th square to the MbC.

At the time, since it is an intersection where a signal apparatus is installed at night, a person engaged in driving of a motor vehicle has a duty of care to ensure that the person engaged in driving of the motor vehicle has a duty of care to properly look at the signal apparatus and the movement of the electric-line vehicle and to drive it early.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in neglecting this, and found and immediately operated the E rocketing car driven by the victim D, who was in the front of the signal at the front of the front bank due to the negligence of neglecting it. However, the Defendant did not stop, and received the back portion of the victim's car as the front part of the passenger car.

Ultimately, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, sustained the injury of light fluoral salt, etc., which requires treatment for about two weeks to the victim D, and suffered from the victim F, who was on the said victim’s vehicle, about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site reports, field photographs, circumstantial statements of a drinking driver, notification of the results of the crackdown on drinking driving;

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