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(영문) 광주지방법원 해남지원 2014.08.13 2014고단143
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Gwangju District Court's branch on December 8, 2009, and was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Suwon District Court on October 17, 2008, and was in violation of Article 44 (1) of the Road Traffic Act on more than two occasions and is engaged in driving of B rocketing and other vehicles.

On March 22, 2014, at around 18:17, the Defendant driven the said rocketing car while under the influence of alcohol of 0.223%, and proceeded with the two-lane road near the southwest-west west of the southwest-west, Northwest-west, Northwest-west, the west-do road, located in the southwest-west, Northwest-west, west-west, Northwest-west, the west-do road at an insular speed.

In such a case, a person engaged in driving a motor vehicle has a duty of care to accurately operate the steering of the steering wheel and brakes well, and neglected to drive the wheel of the road in a situation where normal driving is difficult due to influence of drinking, and continued to take a rail of the right side of the road and get the central separation zone back to the opposite lane due to the shock, and caused the victim C (32 years of age) driving a motor vehicle on the main set and left side of the DK 5 motor vehicle driven by the victim C (32 years of age) to drive the motor vehicle in the opposite lane and left side of the DK 5 motor vehicle driven by the victim C (32 years of age). The above victim C was forced to rapidly drive the above K5 motor vehicle and suffered injury, such as salt, tension, etc. in need of treatment for about 2 weeks, respectively, to the above victim C and Dong passenger E (38 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A written statement prepared in C;

1. Two copies of a medical certificate and one copy of a medical record, respectively;

1. A CD;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of four-minutes of criminal history records, and a copy of summary order;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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