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(영문) 광주지방법원 2014.11.06 2014노847
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court determined that the Defendant was not driving a motor vehicle while normal driving is difficult.

However, according to the legitimate evidence revealed in the instant case, it is sufficient to recognize the fact that the Defendant driven a motor vehicle in a state of difficult driving under the influence of alcohol.

B. The sentence of the lower court (two years of suspended execution for six months of imprisonment, two years of probation, and one hundred and twenty hours of community service) is deemed to be too unhued and unreasonable.

2. Judgment on the assertion of mistake of facts

A. On January 14, 2014, the Defendant, while under the influence of alcohol 00:30% of the blood alcohol content, was driven by Cpp(EF) cp(EF) or other vehicles at the 0.190% of the blood alcohol content, and led the Defendant to turn to the left from the direction of the wing tunnel to the right in the direction of the wing-down direction.

At night, the location is the private-distance intersection in which the signal, etc. is installed, and the signal, etc. turns on the warning lights. Since the intersection has a crosswalk where the signal, etc. is installed, there is a duty of care to prevent the traffic accident by making safe methods after checking whether there is a person driving a motor vehicle who temporarily stops and drives a motor vehicle or a crosswalk before making a left-hand turn.

Nevertheless, under the influence of alcohol, the Defendant had the victim go beyond the road floor with the front wheels of the car driving by the Defendant, with the driving of the victim F(n, 53 years old) where the victim F(n, 53 years old) was flicked by negligence and left left-hand turn.

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

B. The lower court determined based on the records of this case.

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