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(영문) 광주지방법원 순천지원 2016.07.13 2016고단530
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

The defendant is a person who is engaged in the operation of ballon B with a gallon.

On March 17, 2016, the Defendant driven the above cargo while under the influence of 0.152% alcohol during blood transfusions on March 17, 2016, and led the Defendant to drive the above cargo at a 0.152%, along the two-lanes, one side of the two-lanes between the two-lanes, from the boundary of the luminous steel office to the intersection of the road at the ebbbbrence.

At night, and its location was two-lanes, and thus, a driver of a motor vehicle has a duty of care to maintain the previous vehicle and safety distance by checking well the front, left, and well, and to drive the motor vehicle safely by accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected driving due to influence of drinking, while driving a stroke in a state where it is difficult for the Defendant to drive the stroke, and caused the stroke part of the victim C (32) driving while waiting at the vehicle of the Defendant, following the vehicle of the victim C (32) driving, the vehicle of the victim C to the front driver of the vehicle of the Defendant, and continued to shock the victim C’s vehicle in the future due to the shock, and caused the victim C’s vehicle to shock the part of the front driver of the vehicle of the victim C(29 years old) in front of the vehicle of the victim C driving, with the part of the victim E(29 years old) waiting in front of the vehicle of the victim C driving.

Ultimately, the Defendant suffered from the victim C’s injury, such as the fluoral finites in need of approximately two weeks of medical treatment, and the fluoral finites and tensions that require approximately two weeks of medical treatment to the victim E, respectively, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident (1 beams), a de facto investigation report, and evidence and photographs of the scene of a traffic accident;

1. Inquiries about the results of regulating the driving of drinking alcohol, statements made under the circumstances of the driving driver, and circumstantial reports (whether dangerous driving is permitted);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports (related to telephone conversations of victims);

1. Criminal facts;

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