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(영문) 광주지방법원 순천지원 2017.07.19 2017고단634
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle with C at the horse.

On March 26, 2017, the Defendant driven the said car under the influence of alcohol content of 0.157% among blood transfusions on March 26, 2017, and continued three-lane roads in front of the female public parking lot located in the summer-dong at an influence, along three-lanes from the shooting distance of the 6th apartment.

At the time, night and there are many people traveling along the roads around the night, so there are duty of care to safely operate the steering staff by accurately operating the steering direction and the steering gear.

Nevertheless, under the influence of alcohol, the Defendant received the right-hand bridge part of the victim D (58) crossing the road from the left-hand side of the moving direction to the right-hand side of the road due to the negligence of driving the vehicle by neglecting it, and continued to have the victim go beyond the floor by shocking the victim's head to the front-hand part of the said vehicle.

Ultimately, the Defendant, as seen above, driven the said car in a situation where normal driving is difficult due to influence of drinking, resulting in the Defendant’s death by pressure between brain, etc. at the Joseon-gu Joseon University Hospital located in Gwangju-gu, where the victim was under treatment after around 01:35 on March 28, 2017.

2. The Defendant violated the Road Traffic Act (drinking driving) was driving a horse-based car under the influence of alcohol with a maximum of 3km from the front of Schlage to the front of the public parking lot in the summer-dong located in the same city, even though it is located in the summer-dong at the time of a day such as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The circumstantial statement report and the circumstantial report of the driver at the main place of business (whether to drive any danger or not);

1. A survey report on actual conditions;

1. A death certificate;

1. Each photograph; 1.2

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