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(영문) 광주지방법원 순천지원 2015.10.07 2015고단1581

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

However, the execution of the above punishment shall be suspended for 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 of a car by borrowing B.

피고인은 2015. 7. 11. 21:40경 혈중알코올농도 0.164%의 술에 취한 상태에서 위 승용차를 운전하여 광양시 광장로(중동)에 있는 대신증권 사거리교차로를 퀸보석 방향에서 KT사거리 방향으로 편도 2차로 중 1차로를 따라 시속 약 30-40km의 속도로 직진하게 되었다.

At the time, it is night, and it was difficult to see the surrounding areas due to heavy rain, so there was a duty of care to take care of those engaged in driving service of the motor vehicle well, and to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the defendant's negligence of driving in a situation where normal driving is difficult due to influence of drinking, and the victim C, who was in the atmosphere of traffic at the front of the defendant's vehicle, was led to the driver's franchise and the part behind the driver's vehicle was led to the driver's vehicle.

After all, the Defendant suffered injury to the victim E (V, 48 years of age) who is the Easter of the victim C and the victim vehicle due to the above occupational negligence, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A C’s statement and C’s statement on the occurrence of traffic accidents;

1. A report on the occurrence of a traffic accident (one report) and a report on actual condition investigation;

1. An inquiry into the results of the crackdown on drinking driving, a report on the circumstantial statement of a drinking driver, a circumstantial report, and on-site evidence of a traffic accident;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) 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 concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.