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(영문) 광주지방법원 목포지원 2014.10.10 2014고단1286
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 engaging in driving a BM5 car;

At around 22:50 on June 7, 2014, the Defendant driven the said car and proceeded at a speed that would not be known to the original tampurine from the later bank of the Garmo shopping center.

At the time, the Defendant was under the influence of alcohol concentration of 0.182%, and it was difficult for the Defendant to carry out the operation timing of the steering and brakes or the adjustment of its force as the Defendant intended.

In addition, since the victim C(36 years of age) appeared on the side of the road, the defendant engaged in driving service had a duty of care to prevent traffic accidents by driving the vehicle with good care.

Nevertheless, the Defendant neglected to perform his duty of care as above while driving normally due to drinking, and led the Defendant to the front side of the right side of the pertinent car driven by the Defendant due to negligence.

The Defendant caused the victim by occupational negligence to suffer a scambling in the part requiring medical treatment for about two weeks.

2. A person who violated Article 44 (1) of the Road Traffic Act, such as receiving a fine of one million won or more as a crime of violating the Road Traffic Act, at a wooden branch of the Gwangju District Court on November 3, 2010, and a fine of 3.5 million won or more as a crime of violating the Road Traffic Act at the same court on November 5, 2013.

【Criminal Facts】 The Defendant is under the influence of alcohol by 0.182% of the blood alcohol concentration at a section of about 100 meters from the Dok-ro in front of the Dok-ro, Dok-si, Dok-si, to the road before the Dok-si, Dok-si, without obtaining the driver’s license for the temporary driving of the vehicle

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