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(영문) 광주지방법원 2017.03.23 2016고단4958

특정범죄가중처벌등에관한법률위반(위험운전치사)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On October 30, 2016, the Defendant driven the said car with a alcohol content of 0.112% 0.112% during blood transfusion, and continued to drive the said car at an insular speed by driving it at an insular distance from the surface of the bank where it is insular plane.

At the time, it was difficult for a person engaged in driving of a motor vehicle to set the steering gear and brakes accurately by reducing speed and accurately operating the steering gear and brakes, because it was difficult for the person engaged in driving of the motor vehicle at night.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim E (69) who was lying on the front side by negligence while neglecting this, and did not discover the victim E (69). The Defendant was able to receive the victim’s body as the front part of the car driven by the Defendant.

Ultimately, the Defendant caused the victim by occupational negligence to die with low-quality shocks caused by multiple organ damage at the Joseon University Hospital located in 365, as in Gwangju-gu, Gwangju-gu, Gwangju-gu, about October 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of and the selection of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol driving and the selection of imprisonment with prison labor);

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and (2), and Article 50 of the Criminal Act, which resulted in the death of the victim by causing the instant accident while the Defendant is driving under influence of alcohol, and thus, the nature of the offense of the Defendant is heavy.

However, the defendant is the first offender and is himself.