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(영문) 광주지방법원 목포지원 2014.02.28 2013고단1799
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 of the final judgment.

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 cargo vehicles B;

On October 10, 2013, the Defendant driven the above cargo while under the influence of alcohol 0.237% with a blood alcohol concentration around 08:15 on October 10, 2013, and led the roads in front of the guidance intersection in the new-nam-gun Seoul Metropolitan City, a map and Eup room in the Do of a map Eup.

There is a duty of care to prevent accidents by safely driving the motor vehicle, such as driving the motor vehicle on the front side and the left side, and not driving the central line, as a road with a yellow solid line of one-lane.

Nevertheless, the Defendant neglected this and was driven by the victim C (year 71) who was driving in the opposite direction due to the negligent negligence of the median line while it was difficult to drive a normal line under the influence of alcohol.

Ultimately, the Defendant suffered injury to the victim, such as 5,6 cage cage cages, etc., for about six weeks of medical treatment due to the above occupational negligence.

2. Violation of the Road Traffic Act (driving) the Defendant driven a B-be cargo vehicle under the influence of alcohol with a blood alcohol concentration of about 0.237% from the 4km section from the front of the arrival road of the Newannam-gun, Seoul-gun, the front of the arrival road to the front of the same Eup/Myeon instruction intersection, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The actual condition survey report;

1. A report on detection of a driver, a report on the status of the driver, and a circumstantial report (whether or not the driver is under danger);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of sound driving) of the Road Traffic Act, and Article 148-2 (2) 1 of the Road Traffic Act (the point of sound driving), and Article 44 (1) of the same Act are very high

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