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(영문) 광주지방법원 목포지원 2015.12.15 2015고단1313
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 engaging in driving a rocketing car.

On September 30, 2015, at around 21:33, the Defendant, while under the influence of alcohol with 0.122% of blood alcohol concentration, the Defendant driven the said car in a state of difficulty in driving normally due to a little big distance of walking and a shock of snow condition, etc., and driven the frontway of the said car in Fapo City C along the two-lanes, one way from the matrop, to the front side of Hoburgburging.

There were three-dimensional crossings where traffic is controlled by three-dimensional signal apparatuses, and at the front of the road, the crosswalk was installed, and thus, the person engaged in driving of the motor vehicle had a duty of care to safely drive the motor vehicle in accordance with the signals and signals.

Nevertheless, the Defendant neglected this and driven the said car in a state where normal driving is impossible under the influence of alcohol as above, and due to the negligence and negligence of disregarding it while disregarding it, the Defendant received the victim E (13 years old) crossing the crosswalk according to the E-Wing of E-Wing-Wing of the Defendant’s driving car by neglecting it, even though the Defendant had a red signal on the direction of the Defendant’s driving.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the above influence of drinking, and suffered injury, such as a flasium, which requires approximately four weeks of medical treatment, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, and circumstantial report (whether or not a drinking driver is under dangerous driving);

1. A medical certificate;

1. A scene of an accident and photograph of an accident vehicle;

1. Application of Acts and subordinate statutes to a report on investigation (for the number of days diagnosed by a victim);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act.

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