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(영문) 광주지방법원 2013.10.31 2013고단4218
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for 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. Around 23:50 on July 3, 2013, the Defendant: (a) driven a B-hand car at approximately one meter while under the influence of alcohol by about 0.156% at the front of the Heung-saw shop located in the Gandong-gu Gwangju, Gwangju.

2. Around 23:50 on July 3, 2013, the Defendant attempted to walk a starting-down on a B-top motor vehicle, which was parked on a road with no median line in front of the extension point of Gwangju-dong, while under the influence of alcohol concentration of 0.156%. While under the influence of alcohol, the Defendant was able to walk the victim C (52 years of age) coming to the left-hand side from the right-hand side of the other Defendant’s vehicle, which was delayed later due to the negligent negligence, while neglecting the duty of care to make a safe driving by reporting the traffic situation of the front-hand bank under the influence of alcohol and neglecting the duty to safely drive.

As a result, the Defendant was driving under the influence of alcohol which makes it difficult for the Defendant to drive normally, and the Defendant suffered injury, such as the climatic salt for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of 54 to investigation records, such as traffic accident reports, field photographs of traffic accidents, photographs of the circumstantial statement of a driver of a driving school, CCTV image data, and investigation records

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Considering the circumstances, such as the fact that the defendant both recognizes the crimes, the degree of damage to the victim, the fact that the defendant agreed with the victim, and the fact that the defendant has no criminal records beyond the suspension of execution);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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