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(영문) 광주지방법원 2016.12.08 2016고단2977
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

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

On May 8, 2016, the Defendant driven the said vehicle under the influence of alcohol of 0.178% with blood alcohol concentration around 02:37, and led the said vehicle to the intersection of the shooting distance of 88 in front of the point of Gigu, Gwangju Metropolitan City Pung-gu, as the pen of Gwangjubuk-gu.

At all times, there is a section of the intersection where signal lights are installed at a speed of 60 km per hour, so in such a case, a person engaged in driving service has a duty of care to observe the restricted speed according to good faith and to prevent accidents in advance by driving safely.

Nevertheless, the Defendant neglected to drive under the influence of alcohol before entering the intersection, and even though the signal of the front side was changed to yellow signal before entering the intersection, due to the negligence of entering the intersection at a speed of about 94 km in speed exceeding 34 km per hour, and by the Defendant’s speed, the part on the left side of the victim E (60 years old) driving, which was proceeding in violation of red signal from the right side of the Defendant’s running direction to the left side, was shocked by the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim E by occupational negligence, which requires approximately seven weeks of medical treatment, on the part of the victim G (the 27 years of age) who was on board the said taxi, and on the part of the victim G (the 27 years of age) who was on board the said taxi.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1, driving a DNA EX car under the influence of alcohol content of approximately 0.178% from around the 5km section of the 5km section from the front of the Round School in Gwangju Northern-dong to the front road of the 88-Seoul Dong Dong-dong, as written in the same Gu text.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol regarding E;

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