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(영문) 광주지방법원 2020.08.13 2020고단100
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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 (Dangerous Driving Death) is a person engaging in driving a passenger car in the B SP area.

At around 02:00 on September 12, 2019, the Defendant, while under the influence of alcohol with 0.14% of blood alcohol concentration, had D’s front intersection in Gwangju Mine-gu C go through the E-section, Co., Ltd. from the parallel basin of Pyeongtaek-dong.

At the time, it is an intersection where the yellow on-and-off signal is operated at night and at that time, so in such cases, there was a duty of care to check whether a vehicle is being driven by reducing speed and checking the right and the right and the right and the right of the driver of the vehicle, and to safely drive the vehicle.

Nevertheless, due to the negligence of being driven by the Defendant under the influence of alcohol, the Defendant received the left-hand part of driving BEAVV 125 Oba-to-hand of the victim F (the age of 27) driving the said intersection from the right-hand side of the Defendant’s moving the said intersection to the left-hand side.

As a result, the Defendant driving a car in the given spoke area where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim F by suffering from an injury of external blood spoke in which there is no head open room to treat the victim for about eight weeks. Ultimately, around 07:40 on March 14, 2020, at the “H Hospital” located in Dong-gu, Gwangju-gu, Gwangju, the Defendant caused the death of the victim due to a traffic accident during treatment.

2. Around 02:00 on September 12, 2019, the Defendant was driving a vehicle in the above Spati area 1 kilometer from the backway of J bank I located in Gwangju Mine-gu to the above D intersection while under the influence of alcohol content of 0.144%.

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual condition survey report;

1. Sending a traffic accident analysis report;

1. Each medical certificate, death certificate, written confirmation of admission and discharge, and the application of Acts and subordinate statutes on medical records;

1. Criminal facts;

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