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(영문) 광주지방법원 해남지원 2016.06.23 2016고단125

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On March 17, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by electric shock) was under the influence of alcohol level of 0.157% from blood, and was driving a two-time cargo vehicle of Category B in the influence of alcohol level at around 0.10% from blood level, and proceeded with a water shooting distance in the south-west Sea-gun, west-gun, south-west Sea-west, west-west, west-do, and red-lighting on the face, while driving the water shooting distance from the surface of the south-west west-gun, the Defendant neglected to drive the front-time city while it is difficult to drive normally due to influence of drinking such as drinking, and failed to accurately operate the steering direction and brake system; the Defendant was under the influence of drinking; the Defendant was under the influence of the victim’s 2nd day to the front day of the victim’s 3rd day, the victim was under the influence of the victim’s 2nd day and the 5nd day off cargo level of the victim’s.

2. The Defendant, who violated the Road Traffic Act (drinking), driven the truck under the influence of alcohol 0.157% in a section of approximately 150 meters from the 150 meters away from the day before the day to the day after the day after the day during which the “fish of the farm” restaurant located in the Sungnam-gu, Namnam-gu, Namnam-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written diagnosis (C, F, G, E, and H);

1. A traffic accident report (1%) and a traffic accident report (1:2) and a actual survey report, a report on the detection of a primary driver, and a report on the circumstances of a primary driver;

1. Application of Acts and subordinate statutes governing evidence screening at the accident site;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5-1 of the same Act concerning the crime committed.