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(영문) 광주지방법원 순천지원 2015.10.02 2015고단806

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten 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 a motor vehicle by borrowing the motor vehicle.

On April 2, 2015, the Defendant driven the said vehicle under the influence of 0.108% of blood alcohol concentration without obtaining a driver's license on April 19, 2015, and led to the driving of the said vehicle under the influence of 0.108% of alcohol level to drive approximately 20-30 km per hour between the two lanes in the direction of the former terminal in the direction of the middle area.

At the time, it was difficult to keep the surrounding areas due to night and raining, so there was a duty of care to look well at a person engaged in driving of a motor vehicle, and to prevent accidents by accurately manipulating the steering direction and brakes of the motor vehicle, and to prevent accidents.

Nevertheless, the Defendant, by negligence of driving a vehicle while under the influence of alcohol, was driven by the victim F (the age of 42) who was in the front of the Defendant’s vehicle in front of the Defendant’s vehicle, received the front part of the Defendant’s vehicle, and the victim H (the age of 43) who was in the front of the vehicle in front of the said wind-som-car, was pushed down in the future, and was driven by the victim H (the age of 43) who was in the front of the signal signal.

Ultimately, the Defendant suffered from the injury of the victim F and the victim H by occupational negligence, such as fluoral salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement and each written statement related to each traffic accident;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site evidence of a traffic accident;

1. Report on detection of a drinking driver, inquiry into the results of crackdown on drinking driving, report on the circumstantial statements of a drinking driver, and circumstantial report (whether or not a drinking driver is under danger);

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso of Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning criminal facts;