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(영문) 광주지방법원 2017.07.13 2017고단1225

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

Reasons

Punishment of the crime

[criminal history] On June 12, 2009, the Defendant was sentenced to a summary order of one million won for a violation of road traffic law (drinking driving), etc. on April 12, 2010, the Defendant was sentenced to a summary order of 1.5 million won for the same crime from the Southern Branch of the Gwangju District Court for the same crime, and on April 23, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime, etc. on April 23, 2014.

[Criminal facts] The Defendant is a person who is engaged in driving of CPoter cargo vehicles.

On March 19, 2017, the Defendant driven the above cargo vehicle while under the influence of 0.203% alcohol during blood without obtaining a driver's license of a motor vehicle on March 19, 2017, and driven the road of eight lanes in front of the Jeju Seo-gu, Seo-gu, Gwangju, along the two-lane way from the south side to the luminous terminal.

In this case, a person engaged in driving service has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right of operation and prevent the accident from occurring.

Nevertheless, the defendant neglected to drive under the influence of the above drinking and proceeded as it is, due to the negligence of the defendant's failure to do so, while driving under the influence of the above drinking, and the part of the victim D(24) driving, which was parked in the signal atmosphere from the three-lane same direction as that of the defendant's driving direction, was shocked into the part before the right edge of the freight driving of the defendant.

In the end, the Defendant suffered from the injury of the victim D and the victim F, who is the passenger, by negligence in the above business as above, approximately 2 weeks of light-based treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of each traffic accident in D or F;

1. A traffic accident report;

1. Photographss related to traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Investigative into the ledger of driver's licenses and the main office;

1. Each written diagnosis;

1. The point of judgment is that of a previous offense;