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(영문) 광주지방법원 장흥지원 2015.09.24 2015고단140
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

[criminal power] On October 11, 2007, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the wooden Branch of Gwangju District Court, etc. on December 18, 2009. On October 25, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s Support for Promotion of the Bank of Gwangju District, etc. on August 18, 2009. In the same support on October 25, 2012, the Defendant completed the execution of the sentence by a wood prison on April 16, 2013.

【Criminal Facts】

The defendant is a person who is engaged in driving a C-wing cargo vehicle.

On June 1, 2015, at around 20:40, the Defendant, while under the influence of alcohol at a 0.178% of blood alcohol concentration, proceeded the front road of the forest reservoir located in the Yancheon-gu, Jincheon-gu, Jincheon-do at a speed that cannot be seen from the surface of the Yancheon-gu, Jincheon-gun to the surface of the mountain village. On the left side of the said cargo vehicle, the Defendant was facing the said cargo vehicle by facing the said cargo vehicle, and received the front left side of the road of the victim D (the age of 68) driving.

In the end, the Defendant driven a motor vehicle while under the influence of alcohol, and driven a motor vehicle while it is difficult to drive it normally due to influence of alcohol, resulting in the victim's multi-faceted brain being in need of approximately eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of a traffic accident, report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking;

1. A medical certificate;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same kind of power);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Article 53 of the Criminal Act for discretionary mitigation.

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