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(영문) 광주지방법원 2017.04.20 2016고단4882
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 4882"

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is engaged in driving a motor vehicle with B-to-purd motor vehicle.

On October 25, 2016, the Defendant driven the above car at around 06:10, and driven the 6 lane of the Do 6 lane in 377, Dong-gu, Gwangju-gu, Gwangju-si, along two lanes from the south-gu, at about 55 kilometers in speed. While it is difficult for the Defendant to drive the car normally due to alcohol concentration 0.215% of alcohol during blood, the Defendant, while driving the car at around 06:10, operated the steering gear by wrong operation of the steering gear and driving by negligence at the right-hand side of the Defendant’s driving direction, shocked the part on the left-hand loaded part of the DPoter freight of the victim C (64 years old) driving by the Defendant at the right-hand side of the car of the Defendant.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury of the victim C and the victim E (V, 67 years old) in the fluoral finites, etc. requiring approximately two weeks of medical treatment, the injury of the victim F (60 years old), and the victim G (61 years old) suffered, respectively, the injury of the final finites, etc. requiring approximately two weeks of medical treatment, and the injury of the victim H (45 years old) of the final finites, etc. of the finites that require approximately two weeks of medical treatment.

2. On October 25, 2016, the Defendant driven the said vehicle under the influence of alcohol with approximately 0.215% alcohol concentration from the 8km section from the northwest-gu, Gwangju-si to the place of the said accident, around 06:10 on October 25, 2016.

On November 8, 2016, the Defendant driven a B-to-pubed vehicle with approximately 600 meters alcohol concentration of approximately 0.225% in blood from the 600-meter section to the front road of the Kim Man-Fuk Memorial, which is located in Jeju-si, Jeju-do around 05:03 on November 8, 2016.

Summary of Evidence

"2016 Highest 4882"

1. Statement by the defendant in court;

1. Each statement in the preparation of C, E, G, H, and F;

1. A survey report on actual conditions;

1. Photographss related to traffic accidents;

1. Statement of the circumstances of the driver in charge;

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