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(영문) 광주지방법원 2016.04.28 2016고단133
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 December 1, 2015, the Defendant driving a C truck under the influence of alcohol content of 0.235% among blood transfusions on 07:20%, and led to driving a two-lane road of 72.6 km away from the direction of Gwangju metropolitan area in the direction of Gwangju metropolitan area, such as the head of Gwangju North-gu.

In this case, a person engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive normally due to the influence of alcohol, such as driving on a stroke, etc. while under the influence of alcohol, neglected to do so, and was negligent in driving on the side, and received the rear part of the victim D(52) driving on the side, which was parked on the side, as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim D by occupational negligence, such as cerebrovascular transfusions requiring a four-day medical treatment, and injury to the victim F (57 Do) and G (22 Do) who was on board the damaged vehicle, such as catum dump, requiring a two-day medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (to hear statements from drivers of victimized vehicles) and investigation reports (to hear statements from victims);

1. Traffic accident reports, circumstantial reports on risk driving, inquiry of the results of crackdown on drinking driving, application of each medical certificate, and photographic Acts and subordinate statutes;

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 community service order and the like;

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