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(영문) 광주지방법원 순천지원 2016.11.02 2016고단1066

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving duties of K5 cars.

On June 14, 2016, at around 12:30, the Defendant driven the said car while under the influence of alcohol with 0.209% of alcohol concentration, and led to the intersection of the Pyeong Pyeong-gu Tri-dong in the Pyeong-gu in the Pyeong-gu in the Pyeong-gu in the Pyeong-si.

Since there are three-distance crossings where signal lights are installed, there was a duty of care to safely drive a motor vehicle with another motor vehicle driving duty in order not to cause any traffic accident with another motor vehicle driving vehicle that proceeds from cross-section by properly examining the front side and the left side of the motor vehicle.

Nevertheless, the Defendant did not see the front side in a situation where normal driving is difficult due to the above influence of drinking, and caused the part before the left side of the Defendant’s vehicle due to the failure of bypassing the front side, which is the part before the left side of the Defendant’s vehicle and the left-hand left-hand from the chronic side of the Defendant’s vehicle. The Defendant shocked the part after the Defendant’s driving Dspk-cke car to the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

Defendant’s legal statement

C Application of the Act and subordinate statutes to the police protocol statement report on traffic accident occurrence report, photographs of the accident vehicles, photographic image images of the damaged vehicle, report on the driver's status of the driver, circumstantial report (whether or not a dangerous driving) and report on the results of the drinking driving control.

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime;

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

3. Article 62 (1) of the Criminal Act;

4. The reason for sentencing under Article 62-2 of the Criminal Act is the probation and community service order.