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(영문) 광주지방법원 2013.06.27 2013고단2094
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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2013, the Defendant, while under the influence of alcohol 0.193% on blood alcohol level, was driven by 18:40% on May 18, 2013, 201, 2nd two-lanes among four-lanes in front of the NAC in Seo-gu, Seo-gu, Seo-gu, Seo-gu, to a regular civic park protection zone. Since there was a vehicle waiting for a road with a large traffic volume, the Defendant: (a) had a duty of care for driving safely by accurately operating the steering direction, the left and right well; (b) neglected to drive the vehicle under the influence of alcohol while it was difficult to drive the vehicle normally due to the influence of alcohol; (c) led the victim C(47 years old to a front-class driver; and (d) led the victim C's new passenger vehicle to drive the vehicle under the influence of alcohol at the front-class; and (d) led the victim 35 years old-old passenger vehicle to drive the vehicle under the influence of alcohol.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as salt, tensions, etc. in light of the trend that requires approximately two weeks of medical treatment, and the injury to the victim G (20 years of age) who was aboard the CA car, such as base and tensions that require light treatment for about two weeks, and the injury to the victim E, such as brain dys, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, G, and E;

1. Each written diagnosis;

1. The actual condition survey report and photographs of the accident site;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. At the time of the accident under Article 62(1) of the Criminal Act;

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