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(영문) 광주지방법원 장흥지원 2018.07.19 2018고단36
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 18, 2017, the Defendant: (a) driven a motor vehicle with C low alcohol level of about 2.5 km from the front side of the Dong-gun, Jinjin-gun, Seoul Special Metropolitan City to the front side of the village prior to the accounting of the same side of the road from around 14:30 on November 18, 2017, while under the influence of alcohol level of about 0.117% in blood.

2. On November 18, 2017, the Defendant is a person who is engaged in driving a motor vehicle of the high-priced typ (the injury caused by dangerous driving) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and the Defendant driving the said motor vehicle at around 14:30 on November 18, 2017, driving the motor vehicle and driving it at a speed of approximately 100 km/h or higher from the front Jin-gun-gun-gun, the flow of the road prior to the accounting of the front Jin-

In such cases, there was a duty of care to safely drive the driver while accurately operating the steering gear, brake system, etc.

Nevertheless, as set forth in the above Paragraph 1, the Defendant continued to drive normally due to the influence of alcohol, and caused the above vehicle to pass through the vehicle at the cost of a bridge railing by taking the front rail of the vehicle to the above vehicle on the designated side.

Ultimately, the Defendant caused the death of the victim D (35) who was seated by the vehicle due to the foregoing occupational negligence in light of 16:45 on the same day by dividing the body room due to the traffic accident into the heart, etc., and suffered injury to the victim E, who was seated by the chief of the police station, for approximately 14 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on the detection of a primary driver, a response to a request for appraisal (blood), and a report on internal investigation (related to the application of the said d mark);

1. Application of Acts and subordinate statutes, such as a death certificate (D), and each written diagnosis (E);

1. The Road Traffic Act applicable to criminal facts;

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