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(영문) 전주지방법원 2013.05.15 2013고단878
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Around February 22:25, 2013, the Defendant driven a C stylon car under the influence of alcohol with a blood alcohol content of 0.176% from the road front of the Giman-dong in the Jinjin-gu Seoul Metropolitan Government to the Paris Pream in the same Dong-dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was a person engaged in driving a e-gylon car, such as set forth in Paragraph 1, and the Defendant was driving the said car at a temporary crossing such as Paragraph 1, and was driving the said car on the first line in front of the said e-gradra, leading to a right-hand turn-on.

At the time, there is a crosswalk in which signal lights are installed at night, and in such cases, there is a duty of care to prevent accidents in advance by safely driving according to the traffic signal. In such a case, the driver of a motor vehicle has a duty of care to check whether there is a person who gets on the way before reducing the speed and bypassing the route.

However, the Defendant, as seen above, was under the influence of alcohol so as to view the front line properly or was unable to properly operate the steering and steering system, while driving the said vehicle, and the Defendant did not discover the victim D (32 years of age) who walked the said crosswalk from the right side of the Defendant’s running direction to the left side according to the pedestrian signal, and received the said victim as the front part of the Defendant’s car.

As above, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as cerebral wave which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report on traffic accidents, and each photograph;

1. A written instruction from an employer;

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