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(영문) 광주지방법원 2015.05.21 2015고단645
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 of the final judgment.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a C Orus vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving);

On February 5, 2015, the Defendant driven the said car as a job with the blood alcohol concentration of 0.236%, and proceeded with the front road of the mother and child health center located in 816, as in the Nam-gu, Gwangju National University, in accordance with the southwest-gu, Gwangju National University, at a white square slope from the front side of the Gwangju National University, one-lane of the four-lane roads, among the roads, at an irregular speed.

At the time, the defendant's car cirr car was under a stop of the victim D(21 years old) in order to keep the black screen image machine attached to the vehicle far from the vehicle.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by taking into account the progress of the motor vehicle on the front side.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim’s vehicle without discovering the victim’s vehicle, and operated the vehicle as it is, and the lower part of the vehicle was shocked with the front part of the Defendant’s vehicle.

As such, the Defendant suffered from the injury of the victim D and the victim F (the age of 21) who driven a motor vehicle while driving the motor vehicle in a situation where normal driving is difficult due to influence of alcohol by negligence, such as d and tensions for two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) set forth in paragraph (1) in the state of being drunk with a blood alcohol concentration of about 0.236% from the section of about 1km to the road before the mother and child health center for about 816, as stated in the foregoing paragraph (1), from the day near the blade in the Southern-gu Seoul Metropolitan City, Nam-gu, Seoul, to the end of the 816 mother and child health center.

Although the defendant has been driving from the Seo-gu Standing District of Gwangju, the defendant's subsequent police investigation is about Gwangju.

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