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(영문) 광주지방법원 2013.10.02 2013고단2738
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.

(e).

Reasons

Punishment of the crime

The Defendant is a person who is engaged in a driving service of 100 ATV ATV Sweon with no registration number plate.

On April 26, 2013, the Defendant, while under the influence of alcohol at 0.114% of alcohol level, driven the above private-wheeled bar, which was not covered by the mandatory insurance without obtaining a motorcycle driver's license, and continued to run the front road of the interview Contact with the center of Gwangju-gu at the center of Gwangju-gu, with the entrance of the large market.

At the time, the width of the intersection is higher than that of the road on which the defendant passes, and in such a case, when there are other vehicles seeking to enter the intersection with a wide range of width after verifying the traffic situation of the vehicle, the driver of the vehicle has the duty of care to ensure the concession of the course of the vehicle and to safely drive the vehicle in order to prevent the accident in advance.

Nevertheless, the Defendant neglected to drive normally due to the influence of drinking and proceeded as it is, due to negligence, while driving in a state where it is difficult for the Defendant to drive normally, and led the victim C (34 years of age) who entered the road to cross-section on a wider road, with the front Hander part and the front gate part of the off-to-face, which the victim C (34 years of age) driven by the victim, was shocked with the front wheel part of the left side of

As a result, the Defendant suffered injury to the victim, such as the left-hand slots, spawn salt, spawn, spawn, spawn, etc., which require approximately three weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Registers of driver's licenses;

1. A report on the actual state of the driver;

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), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving a sound driving) concerning the crime, and the Road Traffic Act.

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