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(영문) 광주지방법원 목포지원 2014.03.07 2014고단35
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in the operation of X-ray motor vehicles;

On December 31, 2013, the Defendant driven the said car while under the influence of alcohol of 0.189% with a blood alcohol concentration of 19:40% on December 31, 2013, and led to the driving of the said car in front of the Korean Heavy Industries in Young-gu, Youngnam-gun, Youngnam-gun, to go through the Han Heavy Industries Protection Site in the Han Heavy Industries Site.

At the time, there was a duty of care to prevent accidents due to the following: (a) the Defendant, who is engaged in driving on a road where the center line of the yellow-ray is installed at night; and (b) the Defendant, who is engaged in driving on a motor vehicle, has a duty of care to avoid accidents by putting the front door and operating the steering and steering system accurately and safely.

Nevertheless, the Defendant was driven by the victim C (year 45) who was under the influence of alcohol while driving in a state where normal driving is difficult due to the negligence of driving in the center line, thereby leading up to the opposite part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to occupational negligence as above.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at a level of approximately 1 km from the side gatep parking lot in Yong-gun, Young-gun, Young-gun, Samnam-si to the middle industry of the same Eup from around 1km to the roads in the middle industry of the same Eup. In addition, the Defendant was under the influence of alcohol with blood alcohol content of 0.189%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A report on the status of a drinking driver (whether or not a dangerous driving is made), a report on the status of a drinking driver, and a report on the status of a drinking driver;

1. A copy of a medical certificate (C);

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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