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(영문) 광주지방법원 순천지원 2016.10.12 2016고단924
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 11, 2016, the Defendant, who is engaged in driving freight B, was under the influence of alcohol of 0.156% in blood alcohol concentration on May 201, 2016, driving the said freight in the X-ray tunnel at a parallel of parallel hours at a speed of 80km per hour depending on one lane between the two-lanes.

In this case, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the steering system and operating the steering system and operating the steering system.

Nevertheless, the Defendant neglected to drive under the influence of alcohol as above while normal driving is difficult due to the influence of alcohol, and was driving D of the victim C (ma, 46 years old) who was under normal driving at the front section of the said cargo vehicle, and received the part of the vehicle back to the above cargo vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., by driving the motor vehicle for about two weeks.

Summary of Evidence

Defendant’s legal statement

C Application of the law to the police statement statement report, the report on the situation of the driving at home, the report on the situation of dangerous driving, and the examination of evidence at the scene of the traffic accident.

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

3. Article 62 (1) of the Criminal Act;

4. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the range of recommending punishment] general traffic accident is the mitigated area (one month to eight months).

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