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(영문) 광주지방법원 2013.11.29 2013고단5160
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2013, while under the influence of alcohol around 18:55, the Defendant driven a spp motor vehicle with a blood alcohol content of 0.211%, and proceeds at the entrance of the same-sex high school located in the Jung-dong in Gwangju Nam-gu, Gwangju, as three-lanes at the entrance of the Gwangju National University, at the vicinity of the white intersection road located in the Jung-gu, Nam-gu, Gwangju National University, and caused the change of the lanes. In such cases, a person engaged in driving service, even though he/she has an occupational duty to operate the direction light in advance to prevent accidents by safely changing the lanes and neglecting his/her duty of care in advance, is changing the lanes as it is while under the influence of alcohol.

In the same direction, the part on the back of the left-hand part of the Drops operated by the victim C(45 years old) driving in the four-lanes of the same direction is shocked with the part on the right-hand part of the Spetra car, resulting in an injury to the salt and tension of the trend that requires approximately two weeks medical treatment, and at the same time, the said victim did not immediately stop and take necessary measures despite the damage that requires KRW 334,296 of the repair cost of the car for business use.

As a result, the Defendant, while under the influence of alcohol 0.21%, was under the influence of alcohol, was driving a motor vehicle while normal driving is difficult due to the influence of alcohol, thereby causing the injury of the victim, and did not take necessary measures after the accident even after destroying the said taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing a danger driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take any measure after causing a danger driving), Articles 148-2 (2) 1, and 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;

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