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(영문) 광주지방법원 2013.06.28 2013고단2119
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On May 10, 2013, the Defendant driven the above vehicle while under the influence of alcohol 0.214% in blood alcohol level around 12:20 on May 10, 2013, and led the first apartment front road in the monthly dong of Gwangju Mine-gu to proceed from the event distance to the side of the Southern University.

Since there is a crosswalk in which a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right of the road, and to prevent the accident in advance by driving safely in accordance with the new subparagraph.

Nevertheless, when the defendant neglected this and proceeded as it was due to negligence, disregarding the fact that the vehicle driving signal is changed to the stop signal while it is difficult to drive the vehicle normally due to influence of drinking, the defendant was placed on the left side of the victim D (the age of 47) who dried the crosswalk according to the crosswalk green signal from the right side of the vehicle affected by the defendant, to the left side of the victim D (the age of 47) who dried the crosswalk according to the crosswalk green signal.

As a result, the Defendant suffered injury to the victim, such as a peltoma, cerebral salvin, salvinum, salvinum, dye, dystyp, etc., due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) concerning the crime, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving a sound driving);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant's values of drinking alcohol for the reason of sentencing are not low, and the degree of damage suffered by the victim is also minor;

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