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(영문) 광주지방법원 장흥지원 2015.01.08 2014고단195
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a fwing cargo vehicle B.

On September 24, 2014, at around 15:40, the Defendant driven the above cargo while under the influence of alcohol of 0.191% of alcohol concentration, and driven the road in front of the Busan Jindo-gun, the Gindo-ro, the Gindo-ro, the Gindo-ro, the Gindo-ro, the Gindo-ro, the Gindo-do-ro.

Since there is a road where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents, such as keeping the lane well, keeping the front line and the left and the right of the driver of the motor vehicle, accurately operating the steering system, etc.

Nevertheless, the Defendant got the front portion of the D Ecoo motor vehicle driven by the victim C(the age of 67) who was drinking in the opposite lane due to the negligence of driving the median line while normal driving is difficult due to the influence of drinking, as the front portion of the D Ecoo motor vehicle operated by the victim C(the age of 67).

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties with a scarcity that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report (1) (1)

1. A written appraisal of blood alcohol concentration;

1. The circumstantial statement and circumstantial report of the drinking driver;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant 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 and the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents, Type 1 (Bodily Injury resulting from Traffic Accidents), the mitigation area (one to six months), Article 3 of the Special Education Act (Special Mitigation).

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