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(영문) 광주지방법원 순천지원 2013.07.05 2013고단926

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving of freight cars;

On April 20, 2013, at around 18:30, the Defendant driven the said vehicle while drunkly under the influence of alcohol with a blood alcohol level of 0.156%, such as 0.156%, on the face of the vehicle, having a walked and walking walked, and making it difficult for the Defendant to drive the vehicle normally due to the influence of alcohol, and driving the said vehicle at the front side of the vehicle, and then moving the towing distance to the front side of the Bosung-gun-gun, Bosung-gun, by neglecting the steering direction and operation of the steering system to the front side of the vehicle in the direction of the Defendant’s course, the Defendant dived the central line due to the negligence that failed to operate properly the steering direction and operation of the brake system at the direction opposite to the direction of the Defendant’s course, and caused the victim F, who was on board the said vehicle in front of the Defendant’s vehicle and was in the front side of the said Kak-gun, with a detailed escape between 14 days.

2. At the time specified in paragraph (1), the Defendant driven the said vehicle without a driver’s license, while under the influence of alcohol of about 3 km from the 3km section to the place specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. A report on detection of a host driver;

1. The circumstantial report (whether to drive any motor vehicle in danger);

1. A traffic accident report, a survey report, and an on-site photograph of a traffic accident;

1. Registers of driver's licenses;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. The Commercial Concurrent Crimes Act.