(영문) 광주지방법원 2016.04.28 2016고단637

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자간(%)

(영문) 광주지방법원 2016.04.28 2016고단637

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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. On February 6, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven by B Poter trucks in the state of alcohol concentration of 0.150% in the direction of the Si/Gun/Gu in the direction of the Si/Gun/Gu in the direction of the Si/Gu in the direction of the Si/Gun/Gu.

Since there is an intersection where a signal is installed, there was a duty of care to safely operate the brake and steering gear by thoroughly observing the signal while thoroughly operating the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so, and due to the negligence of driving in violation of the signal, and led the front part of the said truck to turn to the left in the direction of the main line from the opposite part of the said truck. The Defendant received the back part of the right part of the DNA passenger car driven by the said victim C (I am 29 years old) (I am 29 years old).

Ultimately, the Defendant driven the said truck in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as fluoral salt in need of approximately four weeks of treatment.

2. The Defendant was driving the said truck under the influence of alcohol level of 0.150% at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. A medical certificate;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의11

-형법 제37조

-형법 제38조 제1항 제2호

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