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(영문) 광주지방법원 2013.03.14 2013고단386
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 July 9, 2007, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Gwangju District Court on July 9, 2007, and a fine of two million won for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver) in the same court on May 16, 2008.

Criminal facts

1. Around 16:10 on December 28, 2012, the Defendant violated the Road Traffic Act (driving a sound driving) driven a B-to-purd vehicle under the influence of alcohol with approximately KRW 1 k-m alcohol content of 0.15% at and near the restaurant located in the winter-dong of Gwangju Mine-gu, Gwangju, up to the shooting distance of South-do University located in the same Gu.

2. Around 16:10 on December 28, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous Driving”) driven a motor vehicle with a low shock rate due to the difficult condition of normal driving due to the influence of alcohol (influence of detention, fluoring, gal, snow, co, and seeing that the Defendant driven a motor vehicle with a low shock rate) and proceeded toward the direction of the Southern University from the direction of the GClstm, among three-lanes of the shooting distance of South and North Korean University located in the mountain-gu in Gwangju Mine-gu.

There is a duty of care to prevent accidents in advance by reducing the speed of persons engaged in driving service at a place where signal lights and crosswalks are installed.

Nevertheless, the Defendant found the victim’s rocketing car of the victim C(39 years old) who was sent to the signal due to the negligence of neglecting his driving while normal operation is difficult, and suffered injury, such as knee knee tye tye tye tye tye tye tye tye tye, etc., which requires the victim’s driver to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. The actual condition survey report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous conviction in judgment: Application of a copy of criminal records and a summary order;

1. Criminal facts;

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