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(영문) 광주지방법원 목포지원 2015.03.19 2015고단39
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 B-B-B cargo vehicle.

On October 16, 2014, at around 22:20, the Defendant driven the above cargo while under the influence of alcohol of 0.194% of alcohol concentration, and proceeded at a speed of about 60 km in the speed of at least 10 km of the raw ginseng in front of the full-time city of Yong-gun, Youngnam-gun.

At this point, since there was a road of one-lane, there was a duty of care for those who are engaged in driving a motor vehicle to live well on the right and the right and the right and the right and the right and the right and the right and duty of care to operate a motor vehicle safely.

Nevertheless, the Defendant neglected to drive the cargo vehicle in a state that it is difficult for the Defendant to drive it normally due to influence of drinking, and received the foregoing cargo vehicle as an opposite lane by negligence in the course of business.

Ultimately, the Defendant suffered injury to the victim C (the 61-year-old) who was on the same job due to the above occupational negligence, such as the closure of a copy of the right inside the right, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and evidence and photographs of the scene of a traffic accident;

1. A report on detection of a host driver (Evidence No. 22 pages of evidentiary records);

1. Requests for appraisal;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the scope of adding up the long-term punishments of two crimes, however, the lower limit shall be that of the punishment determined for the violation of the Road Traffic Act];

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Basic territory;

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