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(영문) 광주지방법원 목포지원 2018.10.02 2018고단627
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in the duty of driving B franchises in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury or Injury

On March 7, 2018, the Defendant driven the said car under the influence of alcohol content of 0.142% during blood transfusion around 00:03, and moved the front road of the D Council member C located in Newanan-gun C at the right edge from the right edge on the right edge to the right edge of the Do government.

At the time, at night and at that time, there was a duty of care to check and drive a vehicle by reducing the speed or temporarily suspending the speed of the vehicle by keeping the front door and the right and the right of the person engaged in driving service well.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and went to the right side from the left side of the Defendant’s driving direction, and entered the FST5 car without viewing the FM5 car, thereby moving to the right side, thereby getting the Defendant’s vehicle back to the front part of the said SM5 car.

As a result, the Defendant driven the said franchise vehicle in a situation where it is difficult to drive the vehicle normally due to influence of drinking, caused the victim E to death in the heart at G Hospital around 04:16 on the same day, and caused the victim H(46) who is a passenger of the said franchise vehicle to suffer injury, such as the heart damage accompanied by a blood reciting, which is open within the chest 6 week medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a motor vehicle under the influence of alcohol with about 1k alcohol concentration of about 0.142% from the 1km section to the front road of D Council members located in the Donan-gun, Newanan-gun, Dondo, Dondo, Don-do, Donando-ri, Donnam-gun, Naman-gun, the front day of the day indicated in paragraph (1).

Summary of Evidence

1. The defendant's person;

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