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(영문) 광주지방법원 장흥지원 2013.06.20 2012고단240
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a CM5 car.

On September 27, 2012, at around 16:10, the Defendant driven the said car with alcohol content of 0.134%, and continued two-lanes of the secondary line national highways near the military intersections located in the military intersections of Gangnam-gun, Gangnam-gun, Gun. On September 27, 2012, the Defendant entered the said national highways into the military intersection by deviating from the said national highways to the military intersections.

A person engaged in driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and has a duty of care to accurately operate the steering gear and brake system of the motor vehicle and to safely drive the motor vehicle by checking it well.

Nevertheless, due to the negligence of neglecting this, the Defendant did not discover the victim D(57 years of age)'s E-Rodice car driving with the victim's vehicle driving the Madice cross-road from the Gun-dong-dong-dong-dong-dong-dong-dong (57 years of age) to a madice, and did not show the part of the car driving by the above victim as the front part of the Defendant's car driving.

Ultimately, the Defendant suffered from the injury of the victim D, such as cage cage cage, etc., which requires approximately two weeks of medical treatment of the victim D due to the above occupational negligence, and the injury of the victim F (the 43 years of age) who was accompanied by the Defendant’s driver’s car to approximately five weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site evidentiary photographs;

1. Application of each written diagnosis and written confirmation of hospitalization Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of sound driving);

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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