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(영문) 광주지방법원 2015.09.03 2015고단2134
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On March 27, 2015, around 21:48, the Defendant driven the said car in a state where it is difficult to drive under normal conditions, such as being drunk with the blood alcohol concentration of 0.191% and walking, while driving the car, and driving it on the ground of the death Tririe, which is on the ground of the accident of the car at the time of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to such influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as operating the steering gear and brake system, etc., by checking the front side well.

Nevertheless, the Defendant was driven by the victim C(the age of 44) who was under the influence of the influence of alcohol due to negligence in the front of the week, and was driven by the victim C(the age of 44).

As a result, the Defendant driven a car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (the 30-year-old passenger) who is the same passenger of the said Lone Star car and the victim E (the 30-year-old passenger) who is the same passenger of the said Lone Star car, for approximately two weeks of medical treatment, such as the base of the light f (the 27-year-old passenger), the victim F (the 27-year-old) and the victim G (the 34-year-old passenger), for each two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the facts constituting a crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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