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(영문) 광주지방법원 2018.02.06 2017고단5443
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in the operation of CF Launa.

On November 17, 2017, the Defendant, while under the influence of alcohol leveling 0.150% of the blood alcohol level around 22:10, the Defendant, along with one lane in the direction of the other in the direction of the other in the direction of the sand distance near the E-do located in the G in the opposite city in the opposite city.

At the time, it is night and its location is a road near the intersection, so in such a case, there was a duty of care to accurately operate steering devices and brakes while thoroughly emphasizing the right and the right and the right of the driver of the motor vehicle.

Nevertheless, in order to make a left-hand turn from the front part of the vehicle in front of the defendant's driving direction, the defendant neglected to drive under the influence of alcohol and neglected to drive under the influence of alcohol, and received the back part of the Gbeta vehicle of the victim F(F, 43 years old) who was standing in the signal transmission line immediately before the intersection in order to turn to the left.

Ultimately, the Defendant by occupational negligence inflicted injury on the Victim F to approximately two weeks on the victim H (16 years old) such as finites, tensions, etc. to the extent that it is necessary to treat the victim F, and suffered injury to the victim H (16 years old) who was on the said beta vehicle, to the extent that the victim H (16 years old) needs to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Evidence and photographs of the traffic accident;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The circumstantial report (whether to drive any danger);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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