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(영문) 광주지방법원 2015.11.26 2015고단3276

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. Around May 17:26, 2015, the Defendant was driving a DNA car in the state of alcohol alcohol concentration of approximately 2km from the front side of the Hongdong fishing place, which is located in the red control of the documents in the Jeonsung-gun, Sungsung-gun to the front side of the oil station located in the same Gun, to approximately 0.197% under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dknife) is a person engaged in driving a Dknife;

On May 17:26, 2015, the Defendant, while under the influence of alcohol, driven the said knife with the said knife, and proceeded one-lane road in front of the Crife Crife Crife-gun B from the red ginseng distance flooding side.

At the time, there are two-lanes of the two-lane road, and there were two-lanes of the two-lane road, so there was a duty of care to prevent accidents in advance by driving the vehicle in a safe way to live well on the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to do so, while driving in the opposite lane due to the negligence of the central line, and driving in the opposite lane by the victim E (the 56-year-old) who was driving in the opposite lane, received the front part of the F low-speed car as the front part of the Defendant’s knife.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as a snow sofab that it is necessary to treat the victim for about six weeks, and an open wound in the surrounding area.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to an accident site photograph, a survey report on actual condition, a report on detection of a master driver, a circumstantial report (whether or not a driver is under danger), and a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the relevant criminal facts and the choice of punishment.