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(영문) 광주지방법원 2016.08.25 2016고단2133
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a B-related car.

On May 22, 2016, around 21:40, the Defendant driven the said car at a speed of about 60km/h of speed from around 21:55 to around 10km to the front road of the Seo-gu Seoul Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Gwangju, and proceeded at a speed of about 60km/h.

The Defendant, while under the influence of alcohol content 0.125% at the time, was driven by the victim C (25 years old) waiting in the signal signal while driving in a state where normal driving is difficult due to influence of drinking, such as a fluoring of a face with a fluor and a fluoring of a fluor, etc., he was driven by the Defendant as the back fluor of the vehicle in front of the said vehicle.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as the need for two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a B-e-car with alcohol content of 0.125% under the influence of alcohol as stated at the date and place specified in paragraph 1, and at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Listening to the circumstances at the time of measuring self-breath alcohol;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment with prison labor for up to 6 months up to 11 years;

2. The sentencing guidelines shall be recommended; and

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