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(영문) 광주지방법원 목포지원 2016.09.08 2016고단581
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) shall be engaged in driving of the BFD car;

On April 23, 2016, the Defendant driven the above vehicle at a speed of about 30 km in the speed of 01:02, and driven the four-lane road in Fag City C from the “Fag Stal Stal Stal Stal Stalk’s Stal Stalk’s Stalk’s Stalk’s Stalk’s St.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, while under the influence of alcohol by 0.179%, the Defendant neglected this and found the E-benz car driven by the victim D (the age of 34) who was in the atmosphere of the same direction before the same direction at a late time, and was negligent in failing to operate the U.S., thereby having received the part of the Defendant’s driver’s Raddddddy part of the said passenger car.

As a result, the Defendant driven in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as dump and tension for about two weeks of treatment.

2. Violation of the Road Traffic Act (driving) the Defendant driven Bp-D car under the influence of alcohol with a blood alcohol concentration of about 0.179% at a distance of about 2 km at the front of the main point of “masts” located at the speed of 51 spon-ro at the time and time specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to medical certificates, traffic accident reports, and circumstantial reports on drinking drivers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act concerning the applicable criminal facts, the choice of punishment, etc.

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