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(영문) 광주지방법원 순천지원 2019.03.21 2018고단2489
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. The defendant is a person who is engaged in driving freight B and freight cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On October 27, 2018, the Defendant driven the above vehicle while under the influence of alcohol 0.181% of the blood alcohol concentration around 18:10 on October 27, 2018, and continued to drive the vehicle in front of the regradin distance.

No person engaged in driving service shall drive a motor vehicle while normal driving is difficult due to the influence of drinking.

However, at the time, the Defendant was snicking, snicking, snicking, walking, and walking, etc., which make it difficult to drive normally due to the influence of drinking.

The Defendant, while under the influence of alcohol, proceeded at a non-speed speed of two-lanes from the south-west intersection to the south-west intersection, and proceeded at a non-speed speed of two-lanes from the south-west intersection, while driving D of the victim C (V, 58 years old) who stops in the front intersection to the signal signal at the front side, was driving the back part of the motor vehicle into the front part of the cargo vehicle and the left-hand part of the cargo vehicle. In addition, the part of the left-hand part of the e-driving motor vehicle of the e-driving motor vehicle, which was waiting on the right-hand side of the front line, was driven by the Defendant driving and the front part of the cargo vehicle's right-hand part.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer brain-dead treatment for about two weeks.

2. The Defendant was driving the said vehicle under the influence of alcohol by 0.181% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) (2) and a actual survey report;

1. Notification of the results of the drinking driving control;

1. The circumstantial report;

1. Report on internal investigation (victim E telephone communications);

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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