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(영문) 광주지방법원 2013.07.26 2013고단2068
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 19:00 on November 11, 2012, the Defendant violated the Road Traffic Act (driving) and driven a dPoter, a stable, and a flobing truck with a blood alcohol concentration of about 0.147 percent in the section of about 10 kilometers from the front day of the house of the Defendant in Yong-gun-gun, Yongnam-gun, to the front day of the king-si, king-si, the king-si, the king-ri, the king-ri, the king-ri, a city.

2. On November 11, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) driving a DPoter, a stable-flobing cargo vehicle with a 0.147% alcohol concentration around 19:00, while under the influence of alcohol around 0.147%, and driving a king-gractic road located in the king, king, the king-gra

In this case, the defendant engaged in driving of the motor vehicle has a duty of care to safely operate the motor vehicle in line.

Nevertheless, under the influence of alcohol, the Defendant suffered injury, such as entry into the road facing the center separation zone in which normal driving is difficult, from the negligence of driving approximately 1.1 km from the center of the king-ri of the king-ri of the city of Naju to the Yongsan-si of the city of Masan-ri, the front part of the victim E (ma, 29 years old) driving in the normal driving on the opposite road, due to the Defendant's cargo front part of the driver's vehicle of the victim E (ma, 29 years old) driving in the normal driving on the road, such as an open-type frame softenth of the body, which requires approximately 8 weeks medical treatment to the victim E, who is a passenger of the said A-ri-ri-ri-ri vehicle, by suffering from the injury of the victim G (Y, 23 years old) who is a passenger of the said A-ri-ri-ri vehicle, such as the maintenance of the upper part of the water mouth frame in need

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (application of the Tramark formula) and the Main Driver's Report;

1. Application of statutes to copies of each written diagnosis;

1. The first part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury resulting from dangerous driving) and Article 5-11 of the same Act concerning criminal facts.

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