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(영문) 광주지방법원 목포지원 2015.09.11 2015고단721
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

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 B car;

On May 3, 2015, the Defendant driven the said car under the influence of 0.162% of blood alcohol concentration around 01:10, while driving the said car, led to a two-lane road of the 3-lanes in front of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY YYYYYYYYYYYY

At the time, since the night and the low-water surface was in the situation, a person engaged in driving of a motor vehicle is prohibited from driving the motor vehicle under the influence of alcohol as a matter of course, and there was a duty of care to prevent accidents by safely driving the steering gear and the brake system in a way that properly operates the steering gear and the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was found to have been driven by the victim C (A, 39 years of age) who stops in the two-lanes of the front road by traffic accident due to the negligence of driving without looking at the front side while under the influence of alcohol by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as a peltoma, which requires approximately four weeks of medical treatment due to occupational negligence.

2. Around 01:10 on May 3, 2015, the Defendant driven a B car under the influence of alcohol with approximately 3km alcohol content of about 0.162% at a section of about 3km from the street in front of a mutual influent restaurant located down at the lower end of Sinpo City to the roads adjacent to the Jeonnam-gun Crho-gun, Samnam-gun, Samnam-gun, Seoul, to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written statement;

1. A traffic accident report;

1. The circumstantial report, the circumstantial report (whether to drive any motor vehicle in danger) and the inquiry into the results of the control of drinking driving;

1. A medical certificate;

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