(영문) 광주지방법원 목포지원 2017.11.30 2017고단1064

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자간(%)

(영문) 광주지방법원 목포지원 2017.11.30 2017고단1064

특정범죄가중처벌등에관한법률위반(위험운전치사)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On November 5, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Gwangju District Court's Support on November 5, 2014, and on January 12, 2017, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for a crime of violating the Road Traffic Act (dacting driving) in the same court. The judgment becomes final and conclusive on January 20, 2017.

[Criminal facts] The Defendant is a person who is engaged in driving a car at a horse at C.

1. Around August 29, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. resulting from Dangerous Driving) driven the said car to the village of the westland while under the influence of alcohol concentration of 0.191% while under the influence of alcohol at the entrance of the village of Yong-gun, Namnam-gun, Namnam-gun.

At the time of night and the signal of the above intersection was yellow on-and-off signal, so in such a case, a person engaged in driving a motor vehicle is prohibited from driving a motor vehicle while normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by reducing speed and by properly examining the right and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and failed to make the horses while under the influence of alcohol 0.191% while drunk, and red, and neglected to drive normally due to influence of drinking such as the scam, and neglected to drive normally. The part of the victim E (62 tax)’s cargo loaded at the front line of the passenger car of the Defendant, which was proceeding in the front line, was taken by the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the death of the victim to the cardiopulmonary stop due to the damage of two parts at around 23:40 on the same day.

2. The accused of a violation of the Traffic Act on Roads and a violation of the Traffic Act on Roads.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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