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(영문) 광주지방법원 목포지원 2014.07.03 2014고단580
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

The defendant is a person who is engaged in driving a low-speed vehicle B.

On April 12, 2014, at around 05:15, the Defendant driven the above low-speed vehicle while under the influence of alcohol of 0.125% with a blood alcohol concentration of 0.15%, and proceeded with the 342 slick-distance intersection in front of Yari as in the white year of Sinpo City, by using the 342 slick-distance intersection in the face of the peace square as the air room of the slick-si.

Since there is an intersection where a signal, etc. is installed, the driver has a duty of care to reduce speed and drive safely in accordance with the signals by living well the right and the right of the driver.

Nevertheless, the Defendant neglected to drive a vehicle under the influence of alcohol and neglected to turn to the left even though the vehicle signal was stopped, due to the negligence of left-hand turn, and received the front part of the DNA taxi driven by the victim C(56 years old) (56 years old) who was working in accordance with the new code in the direction of the peace square from the intersection of the private-distance crossing of the aid movement situation to the private-distance intersection.

Ultimately, the Defendant suffered, by such occupational negligence, the injury of the victim C, such as a closed flasium, which requires approximately four weeks of medical treatment, and the injury of the victim E (the 28-year-old age-old) who boarded the taxi, which requires approximately nine weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Inquiry into the result of the crackdown on drinking driving;

1. A survey report on actual condition and photographs of an accident vehicle;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

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