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(영문) 광주지방법원 2017.09.14 2017고단3106
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On April 7, 2017, the Defendant, at around 00:25, driven a crosswalk of 727-6-6, located in the direction of alcohol concentration of 0.146% in blood, driven a CN Scoo-coo car at a speed of about 101.8 km in the speed of 01.8 km from the side of the Yangsan-dong, while under the influence of alcohol leveling to 0.146% in the blood.

At this time, the Defendant had a crosswalk with signal lights on the front section, and thus, the Defendant had a duty of care to walk up the front section and proceed in accordance with the new code and to accurately operate the steering and steering system.

Nevertheless, despite the fact that the Defendant, while under the influence of alcohol, has shown a red stop signal on the front side while it is difficult to drive a motor vehicle, by negligence in violation of and proceeding with the signal, the Defendant received the victim D(41) and the victim E(40) from the left side of the motor vehicle to the right side of the motor vehicle due to the green signals of the Mad pedestrian.

Thus, the defendant was killed of sexual cerebrovascular in around 02:43 on April 7, 2017, while the victim D was receiving medical treatment from the Joseon University Hospital located in 365 as the pen of Gwangju-dong-gu, Gwangju, and suffered injury such as 2,3,4 times to the right 2,3, and 4 times to the victim E, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against F, G, or H;

1. E statements;

1. A survey report on actual conditions;

1. On-site investigation photographs;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. A death certificate;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. The latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of death or injury resulting from dangerous driving), the former part (the occupation of injury or injury resulting from dangerous driving) of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the driving of drinking alcohol).

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