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(영문) 광주지방법원 2016.11.17 2016고단3516

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Cren car.

On July 17, 2016, the Defendant driven the said vehicle under the influence of alcohol of 0.180% with a blood alcohol concentration of 0.180%, and turn to the left at a speed of about 10km/h of speed at a speed of about 10km/h of speed, depending on the two-lanes of speed, from the shooting distance room at the entrance of the frontwest-gu, Gwangju to the northwest-gu, west-gu.

At the time, since it is an intersection where a signal is installed at night, there was a duty of care to safely drive a motor vehicle driver according to the front door and the left door and the right and the right of the motor vehicle driver.

Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to such influence of drinking as above and neglected to do so, and caused the Defendant to go beyond the road by shocking the front part of the Defendant’s driving, which was driven by the victim D(30 years of age) due to the straight-on signal from the opposite side of the right-hand turn due to the negligence of the signal and the left-hand turn.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the chief executive officer who retired from the right to the right, for about 14 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident by D or F;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the regulations governing drinking driving;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment with prison labor for up to 6 months up to 11 years;

2. The range of recommending sentencing guidelines: Imprisonment for a traffic accident between eight months and two years (the range of recommending punishment).