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(영문) 광주지방법원 2013.06.05 2013고단1391

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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 drives a K7-car.

On February 20, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.153% 0.153% around 22:20 on February 20, 2013, and led to a three-lane speed near the monthly electronic publication distance in Gwangju Mine-gu, the flow of the three-lanes at a speed below the speed of speed in the city near the tri-distance of the electronic publication at the tri-distance of the monthly air.

At all times, there was a vehicle prior to and at night, so that a person engaged in driving service has a duty of care to reduce the speed and to safely drive the vehicle while keeping the front left well.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to perform as intended with regard to the timing of operation of the front-time city and the brake system or to the adjustment of its power, was negligent in running at the same speed continuously and at the same time, the Defendant received the back portion of the DNA-based car driven by the victim C (the age of 48) from the front portion of the said K7 vehicle and suffered approximately two weeks of treatment for the said victim, and suffered from the victim E (the age of 25) who was on board the said math car, such as the ethical flus in need of approximately five weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime committed;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc.

1. The defendant who is selected to imprisonment with prison labor for the recovery of damage is particular.