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(영문) 광주지방법원 2015.05.21 2014고단4052
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing the motor vehicle.

On September 19, 2014, the Defendant driven the above vehicle while under the influence of alcohol of 0.132% of blood alcohol concentration at around 06:30 on September 19, 2014, and driven the 22-lane front of the Gwangju Northern-ro 22 without a view to driving the 22-lane in front of the Gwangju Northern-ro, and driving it along the two-lanes of the 3-lane from the b

Since there is a road where a signal, etc. is installed, the driver has the duty of care to prevent the accident in advance by driving safely according to the traffic signal for the person engaged in driving of the motor vehicle.

Nevertheless, the defendant, by negligence in violation of the signal while normal driving is difficult due to influence of drinking, brought the victim D (67 years of age, remaining) who has driven a bicycle on the right side from the left side of the defendant's running direction to the right side of the crosswalk pursuant to pedestrian signals, into the front part of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as the March 201, which requires medical treatment for about 12 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. On-site photographs of traffic accidents;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime, the selection of a sentence for imprisonment, and the choice of a sentence;

1. Aggravation of concurrent crimes within the scope of the sum of the maximum term of the crimes as prescribed by the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act from among concurrent crimes (the lowest of the punishment shall be the minimum of the punishment determined for the violation of the Road Traffic Act, in the case of crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of which the punishment is heavier;

【】

1. Article 62 (1) of the Criminal Act (Consideration of Sentencing favorable to the following)

1. Probation, order to provide community service or attend lectures;

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