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(영문) 광주지방법원 목포지원 2014.01.17 2013고단1700
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. The defendant is a person who runs driving cars and freight cars while violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving);

On October 24, 2013, at around 23:55, the Defendant driven the above cargo while under the influence of alcohol of 0.163% 0,00, and driven the two-lane road of light name 2 apartment sponsers, which is in the upper east-dong of the Sinpo City, along the middle of the one-lane and the two-lane, at the speed of about 40km.

At night, there was a crosswalk where signal lights are installed at the front door, so there was a duty of care to prevent accidents in advance by checking whether there was a person driving a motor vehicle who is engaged in driving, by reducing the speed and checking well the front door.

Nevertheless, under the influence of alcohol, the Defendant was found to have the face of the victim C (the age of 16) who crosses the crosswalk from the left-hand side to the right-hand side of the crosswalk, due to the mistake that the Defendant was negligent in driving the crosswalk, and received the part on the right-hand side of the cargo vehicle.

After all, the defendant driving the above cargo in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injury such as the side rupture and the side rupture within the right side which requires treatment for about five weeks.

2. A person who has violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 700,000 as a crime of violating the Road Traffic Act from the Jeju District Court on December 15, 2006, and a fine of KRW 5 million as a crime of violating the Road Traffic Act from the Gwangju District Court on May 22, 2012.

【Criminal Facts】 On October 24, 2013, the Defendant was under the influence of alcohol of 0.163% of blood alcohol concentration from a 500-meter section 500 meters away from the front of the non-frequency apartment, which was located in the Mapo-si, Mapo-si, Mapo-si, Mapopo-si, to the front road of Mapopo-si.

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