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(영문) 광주지방법원 목포지원 2014.12.24 2012고합251
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 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 freight vehicles;

On October 17, 2012, the Defendant driven the above cargo while under the influence of alcohol of 0.20% with a blood alcohol concentration of 0.20% on October 17, 2012, and proceeded 4 lanes in front of the Eriju station located in F apartment distance D at right time along two laness from the F apartment shooting distance to Griju station.

The Defendant had a duty of care to verify and drive the career safety as a person engaging in driving service, by checking well the front left.

Nevertheless, under the influence of alcohol, the Defendant was negligent in the course of business in failing to properly operate the steering gear and brakes, and was driven by the victim H(54 years old) prior to the operation of the same lane. The back part of the rocketing taxi operated by the Defendant was the front part of the foregoing cargo vehicle operated by the Defendant.

As above, the Defendant driven the above cargo while it is difficult to drive in a normal condition due to alcohol, and suffered injury to the victim, such as salt distribution, tension, etc. requiring treatment for about two weeks.

2. On September 7, 2006, the Defendant has been sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at a wooden branch of the Gwangju District Court on September 7, 2006, and a fine of two hundred five hundred and five hundred and five hundred and fifty thousand won for a violation of the Road Traffic Act (driving) at the Gwangju District Court's Branch of the Gwangju District Court on November 17, 2006.

Nevertheless, at around 23:05 on October 17, 2012, the Defendant driven the above cargo vehicle while under the influence of alcohol content of 0.20% from the section on the side, which is located in the upper road of the Henpo City, from the road near the Henpo City, to the side, which is located in the upper road of the Henpo City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with H (Simplified traffic);

1. A medical certificate;

1. A report on the occurrence of a traffic accident;

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