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(영문) 광주지방법원 목포지원 2014.04.10 2014고단144
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a franchising freight vehicle B.

On January 14, 2014, the Defendant driven the above vehicle while under the influence of alcohol of 0.152% of alcohol concentration at 0.19:05, and continued the intersection in front of a new bus terminal located in the Yellow-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Yellow-do, Chungcheongnam-do, into a central level of outflow from the front bank.

At this point, there is a center line of yellow-ray, and in such a case, there is a vehicle waiting for signal at the front door, so a person engaged in driving service has a duty of care to live well well in the front door and to safely drive the car and prevent the accident in advance.

Nevertheless, the Defendant neglected to drive normally due to such influence of alcohol as above, and neglected to do so while driving normally at the center, and by neglecting to proceed as it is, the Defendant received the front part of the amount of DNA SM5 car driving of the victim C(E, 31 years old) who was in the atmosphere of the signal at the front, from the right side of the vehicle.

The Defendant, by such occupational negligence, inflicted injury on the victim C, such as salt, tensions, etc., in which the victim E (the victim E (the 29-year-old age), who is the passenger of the above SM5 vehicle, suffered from the injury of the victim E (the 29-year-old age), such as salt, tensions, etc. in need of medical treatment for about two weeks, and the victim F (the son and the 2-year-old age-old) in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written diagnosis;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a drinking run);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (mutual crimes against the Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving).

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