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(영문) 광주지방법원 순천지원 2017.07.12 2017고단478

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than nine months.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaged in driving a motor vehicle with B-to-purd motor vehicle.

On February 6, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.125% among blood transfusions on February 6, 2017, and driven the road in front of the D gas station located in Gwangju at Gyang-si, along one lane from the rock distance to the girri source.

At the time, there is a night and a place where the center line of yellow solid lines is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to operate the motor vehicle thoroughly and safely by maintaining the car lines.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the F-si driver in front of the opposite direction of the driving of the victim E (59) who was driving in front of the opposite direction by negligence over the center line.

Ultimately, the Defendant, as seen above, driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the Defendant, which requires approximately two weeks medical treatment for the victim.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant from a 1km section of approximately 1km to a 0.125% alcohol concentration in blood on the roads in front of the mutual influorial fluorial luminous-dong located in the luminous-si in light of paragraph (1) to the roads in front of the gas station in CD located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of drinking alcohol, a statement in the circumstances of the driver of drinking alcohol and a circumstantial report;

1. A medical certificate;

1. Application of Chapter IV of the traffic accident scene photographs, CD-1 Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), and Article 44-2 (2) of the Road Traffic Act.