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(영문) 광주지방법원 순천지원 2020.01.16 2019고단2261
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Criminal Power] On June 4, 2018, the Defendant was sentenced to a fine of KRW 3.5 million for the violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on June 4, 2018

【Criminal Facts】

The Defendant is a person who is engaged in driving a rocketing vehicle B.

On July 20, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.150% of blood alcohol concentration on July 20, 2019, and led the instant vehicle to proceed from the net river basin of the Pacheon-dong Home Pungdong Home Pung-dong (C) to C.

At the time, since it was at night and at the time, there was a duty of care to prevent accidents in advance by returning the front door to a person engaged in driving of a motor vehicle, complying with the brake system, and accurately manipulating the brake system.

Nevertheless, the defendant neglected this and, due to the negligence of the defendant's failure to drive normally under the influence of drinking such as a fluence, snow is fluorous, smelling, and so on, the part of the victim D (53 years old)'s E-learning Vehicle in the front side of the defendant's vehicle, which is proceeding from Crdle to the right side of the victim D (53 years old) drive from Crdle to the right side of the driver's vehicle. The victim F (V, 43 years old), the front side of the victim F (V) driving vehicle was used as the front side of the defendant's vehicle, and the victim H (46 years old) driving vehicle was received as the front side of the defendant's vehicle.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim D and the victim H, such as tensions, tensions, etc. requiring a treatment for about two weeks, and suffered injury such as the left-hand side requiring a treatment for about four weeks to the victim F, and other injuries such as a scambling, etc., and driving a motor vehicle under the influence of alcohol again while under the influence of alcohol by a person who violates the prohibition of driving regulations.

Summary of Evidence

1. Defendant's legal statement;

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

1. Any notification of the results of the drinking driving control, and any drinking driver;

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