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(영문) 광주지방법원 2013.06.12 2013고단1223
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

The defendant is a person who is engaged in driving of a Category C's D car amount.

1. On March 4, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol concentration of 0.206% by driving the said vehicle in front of the Manam-dong Manam-dong, Gwangju, while driving the said vehicle, driving the said vehicle in front of the 0.206%, and driving the two-lanes between the 4-lane distance from the direction of the new direction.

At the time, there was a vehicle waiting in front of the defendant's moving direction, so in such a case, there was a duty of care to safely stop the vehicle with the safety distance in front.

Nevertheless, the Defendant, by negligence while driving under the influence of alcohol while normal driving is difficult as seen above, caused the Defendant to suffer injury to the light-based salt that requires approximately two weeks of medical treatment by shocking the front part of the Defendant’s vehicle in front of the driver’s vehicle.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without obtaining a temporary driving license as referred to in the above paragraph (1) and driven the said vehicle by approximately four kilometers from the front of the maid restaurant in the trade name fri-dong Busan-dong, Busan-gu, to the 4 kilometers from the fri-dong, Busan-dong, under the influence of alcohol by 0.206%.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. A report on the statement of the status of a drinking driver, and a report on the status of a drinking driver;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving) and subparagraphs 1, and Article 152 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;

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