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(영문) 광주지방법원 순천지원 2014.04.15 2013고단2382
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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On May 9, 2008, the defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act from the Gwangju District Court's net support on May 9, 2008, and a summary order of KRW 1,50,000 as a fine for the same crime in the same court on September 21, 201.

【Criminal Facts】

The defendant is a person who is engaged in driving a DNA car.

On November 14, 2013, at around 18:25, the Defendant driven the said car with a alcohol content of 0.163% 0.163%, and proceeded at a speed of about 50km per hour, depending on the two-lane road in front of the Green Gas Station, which is in the Green and Scilary cremation.

At the time, a signal is installed at night and at all times, so in such cases, the driver has a duty of care to reduce the speed to the person engaged in driving service and to prevent the accident in advance by looking well at the other vehicles' attitudes in the signal light and the front door.

Nevertheless, under the influence of alcohol, the Defendant was unable to properly see the front door or normally operate the steering and operating system of the above vehicle while driving the vehicle on the front door due to the negligence that did not well see the front, and was driven by the victim E (the 37 years old) who was under a stop in accordance with the new subparagraph in the front door, and was not found to have a f-pack vehicle in the front part of the Defendant’s driver’s car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, resulting in the injury of the victim, such as the dump, tension, etc. of the trend that requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition, a circumstantial report, and an appraisal report on blood alcohol;

1. A medical certificate;

1. A previous conviction in judgment:

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