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(영문) 광주지방법원 2016.05.26 2016고단808
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On February 26, 2016, the Defendant driven a car with 0.200% alcohol concentration among the blood transfusions on 22:20% and without properly gathering the body, while driving a car B i 30% in front of the new Chang Changdong church located in the Newdongdong in Gwangju Mine-gu, Gwangju, the Defendant driven a car at a speed of about 70km per hour between the four-lanes from the KSS hospital to the historical park.

Since there is a place where the center line of yellow solid lines has been installed, in such a case, a person engaged in driving service has a duty of care to pass along the right side without breaking the center line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at the center of the center line, and received the front part of the driver’s seat of the victim E (the 52-year-old driver’s seat of the victim E (the 49-year-old driver’s seat) who was waiting for the signal at the opposite lane, and the front part of the driver’s seat of the victim E (the 49-year-old driver’s seat) who was waiting for the signal thereafter.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as light dump, which requires approximately two weeks of medical treatment, and the injury to the victim G (the 35 years of age) who was accompanied by the said passenger car, such as dump dump, which requires approximately two weeks of medical treatment, and the injury to the victim E, such as light dump, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the survey report on actual condition, report on the detection of drivers working at the main place, report on the circumstances of drivers working at the main place, investigation report (influence of death or injury caused by a danger), each medical certificate, on-site investigation and

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 the driving of each risk) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 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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