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(영문) 광주지방법원 목포지원 2015.01.30 2014고단2108
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

【Criminal Power】 The Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 7 million for a crime of violating the Road Traffic Act on March 19, 2010 on two or more occasions, including a suspended sentence of imprisonment with prison labor for a violation of the Road Traffic Act on March 19, 2010, and a fine of KRW 7 million on December 10, 2013.

【Criminal Facts】 The Defendant is a person who is engaged in the operation of a DNA cruise car.

On November 20, 2014, the Defendant driven the said car while under the influence of alcohol of 0.206% of alcohol concentration of blood at around 18:40 on November 20, 2014, and continued to drive the said car along the two-lane intersection of the shooting distance in front of KT in Sinpo City of Sinpo City along the one-lane distance from the 1st square to the square.

At this point, three-dimensional signal apparatuses are installed and traffic control is carried out, so in such a case, the driver has a duty of care to reduce the speed, to reflect the right and the right of the driver, and to drive safely in accordance with the signals.

Nevertheless, the Defendant, in a situation where it is difficult to drive a motor vehicle normally while under the influence of alcohol, was due to the negligence of disregarding and straighting the signal while the signal at the front line of the private distance intersection, and was driven by the victim E (the age of 56) who is driving at the left by receiving normal signal at the speed of one way from the center of the bend, one-lane, one-lane from which the signal was neglected, and turn to the left, was driven by the driver’s seat in front of the driver’s seat of the motor vehicle of the Defendant.

The Defendant, by occupational negligence, caused the victim E to suffer bodily injury, such as light salt, which requires approximately two weeks of medical treatment, and the victim G (V, 61 years of age) who was accompanied by the damaged vehicle to suffer bodily injury, such as light salt, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and the G statement;

1. Each written diagnosis of E and G:

1. The actual condition survey report, the report on the actual condition of the driver, and the circumstantial report;

1. Judgment.

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