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(영문) 광주지방법원 장흥지원 2019.06.27 2019고단58
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:40 on October 25, 2019, the Defendant driven a DNA Ⅱ truck from approximately 700 meters away from the front side of the Gangnam-gun, Gangnam-gun to C, while under the influence of alcohol at a level of 0.131% of alcohol level.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DPoter) is a person engaged in driving freight motor vehicles.

On October 25, 2019, the Defendant driven the above vehicle at around 17:40 on 17:40, and made the left turn to the right right at the front of the Gangnam-gun C at the right angle of the transmission of the same side.

At this point, the center line of yellow-ray is installed, and in this case, the person engaged in driving service has a duty of care to safely drive the yellow-ray while complying with the vehicle line and thorough operation of the electric-ray.

Nevertheless, the Defendant got out of the front left-hand side of the victim E-driving car as the front left-hand side of the cargo vehicle in the front left-hand side due to the negligence of the center line in which it is difficult to drive normally due to the influence of drinking, from the left-hand side of the opposite opposite vehicle.

Ultimately, the Defendant driven the said vehicle in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the said victim, such as a multi-druplicative singing and a hot spring which requires treatment for about three weeks, and a hot spring which has no wife in an open room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the occurrence of a traffic accident, report on the actual condition, on-site investigation report, photographs and explanation;

1. The circumstantial statement statement of a drinking driver, the circumstantial report of a dangerous driver, and the on-site investigation report of a death or injury resulting from dangerous driving;

1. Notification of the results of drinking driving control, and application of each written diagnosis to statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the relevant criminal facts and the choice of punishment.

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