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(영문) 광주지방법원 2016.08.18 2016고단1956
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

The defendant is a person who is engaged in driving a Bchip car.

On May 10, 2016, the Defendant driven the above vehicle while under the influence of alcohol content of 0.219% among the blood transfusion around 14:00, and proceeded along three-lanes in front of the apartment complex in the e-mail of Gwangju Seo-gu, Seo-gu, according to three-lanes from the direction of the luminous shooting distance.

In such cases, a person engaged in driving service has a duty of care to safely drive by accurately manipulating the steering side and the steering system.

Nevertheless, the Defendant neglected to drive under the influence of alcohol and neglected to do so while driving in the same way, and neglected to stop due to the vehicle’s well in the same lane, and received the DNA Aflademed part of the victim C(24 ) driving that was stopped due to the vehicle’s delay in the same lane, and received the back part of the driver in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim C and the victim E (V, 49) boarding the said car with the foregoing occupational negligence, respectively, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Application of the Act and subordinate statutes on traffic accidents, such as a survey report on the actual condition, a report on the detection of drivers at home, a report on the circumstances of drivers at home, an investigation report (applicable to the above D), each medical certificate, and a photograph

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;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows.

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