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(영문) 광주지방법원 목포지원 2015.09.01 2015고단741
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a passenger car.

On June 10, 2015, the Defendant driven the above vehicle while under the influence of alcohol at around 22:15, and driven the D Farmwon road in front of Fag City C along three-lanes from the direction of the urban gas construction work to the increased breadth.

At the time, a signal, etc. is installed at night, and in such cases, the driver of the vehicle has a duty of care to reduce the speed to the person engaged in driving the vehicle and to prevent the accident in advance by looking well at the other vehicles' attitudes in the signal and the front door.

However, the Defendant was under the influence of alcohol at the time and proceeded without reducing the speed without giving a proper view to the front door, and was found late to find out that the Fone Star passenger car of the victim E (hereinafter referred to as 49 years old) driven in the same direction is under suspension according to the stop signal, and was under emergency action, but was not faced, but was under the front part of the Defendant’s vehicle, and was under the front part of the victim’s vehicle.

As above, the Defendant, as a result of the influence of drinking alcohol, driven while driving in a state where it is difficult to drive under normal conditions, such as moving a motor vehicle, moving a motor vehicle, etc., and suffered injury to the victim, such as salt, tension, etc., for about two weeks.

2. Violation of the Road Traffic Act (Refusal of measurement) has reasonable grounds to recognize that the Defendant was driving under the influence of alcohol while drunkly driving at a place specified in paragraph (1) at the time and time, such as a breath of a breath of a breath of a breath police station, which is located in the breath City C, by inserting the breath of a breath of a breath police station, from 23:08 to 23:28 of the same day.

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