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(영문) 광주지방법원 해남지원 2016.01.07 2015고단502
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 driving of B-II cargo vehicles.

On October 10, 2015, the Defendant, while under the influence of alcohol at around 20:37, the Defendant, at around 0:164%, driven the said vehicle while driving the vehicle in a state that it is difficult to drive normally, such as walking, while driving the vehicle, and driving the string distance in front of the high school located outside the Dong and Ri of the Jindo-gun, Jindo-gun, Jindo-do, Jindo-do, and driving the vehicle at a speed of about 70 km in the direction of the local culture center in the direction of the local culture center.

At the time, the site was at night and the vehicle was in progress in the front direction of the defendant's proceeding, so in such a case, the driver of the vehicle has a duty of care to properly see the front direction and the left and right, and to prevent the accident by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving while neglecting his/her normal driving, received the back part of the D Driving Vehicle of the C Driving Vehicle in the signal waiting at the front direction of the Defendant’s driving vehicle as the front part of the Defendant’s driving vehicle. Accordingly, the said D Driving Vehicle was allowed to get the said D Driving Vehicle to drive the F Driving Vehicle of the Victim E (W, 49 years old) who was in the front direction of the signal in the front direction, and the said F Driving Vehicle had the said F Driving Vehicle receive the H Driving Vehicle in the front direction of the signal in the front direction.

In the above occupational negligence, the Defendant suffered from the injury of the victim E and the victim I (V, 63 years old), who was accompanied by the Defendant’s driver’s vehicle, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement concerning C, G, E, and I;

1. Each general medical certificate;

1. Application of Acts and subordinate statutes to notify the results of traffic accident reporting, report on occurrence of a traffic accident, field map of a traffic accident, scene photograph of a traffic accident, site photograph of a driver who takes the main driving, circumstantial report (A), and regulations to notify the results of regulating drinking driving;

1. Criminal facts;

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