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(영문) 광주지방법원 순천지원 2013.07.26 2013고단1124
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 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 a low-priced vehicle B.

On May 20, 2013, the Defendant was under the influence of alcohol of 0.242% in blood alcohol concentration around 17:40 on May 20, 2013, while driving the said vehicle under the circumstances where normal driving is difficult, and driving the said vehicle on the front of the front of the Gancheon-si Masan Tri-ri Movable Property, the draft of the road on the front of the Gancheon-si Gan-si

In this case, the driver of the motor vehicle has a duty to thoroughly operate the front city and safely in the light of the tea line, since there is a concentration of commercial buildings with a yellow solid line of one lane.

Nevertheless, the Defendant, while neglecting the influence of alcohol, went to the front part of the DWz car driven by the injured party C (Nam, 47 years of age) in the opposite direction, due to the negligent negligence of the center line, brought the front part of the DWz car driven by the injured party C (Seoul, 47 years of age) into the front part of the DWz car, and subsequently, benz car was pushed back by its shock, and then benz car was driven by the injured party E (Nam, 33 years of age) who was stopped at the rear side of the benz car.

Ultimately, the Defendant suffered injury to the victim C and E by occupational negligence, such as catitis, which requires two weeks of treatment, and injury to the victim G (V, 61 years of age) who was the fatch of the said rocketing, for about three weeks of treatment to the victim G (V, 61 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. On-site evidence photographs and a survey report on actual conditions;

1. A report on dangerous driving;

1. A report on detection of a host driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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