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(영문) 광주지방법원 2017.10.19 2017고단3606
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 30, 2017, the Defendant driven a B rocketing car with alcohol concentration of 0.193% during blood transfusion around 04:25, and led to the formation of Gwangju Dong-gu, the front intersection of Gwangju metropolitan region was driven along the four-lane road from the south side of Gwangju metropolitan market to the Yang Dong-dong market.

At this time, the Defendant was installed with signal apparatus, so the Defendant neglected to drive safely in the state of difficulty due to the negligence of being negligent in driving under normal color signals while under the influence of alcohol despite the fact that he had a duty of care to drive safely pursuant to the new subparagraph, and caused the victim C (26 ) who is driving from the direction of Gwangju Gyeong-ju to the south of the right side of the passenger vehicle of the victim C (26 ) who is driving from the direction of the green signals to the knife of the knife of the passenger vehicle.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim C and the victim E (26 years), the victim F (22 years), and the victim G (26 years old), such as base salt, tensions, etc. requiring approximately two-day medical treatment, and the injury to the victim H (27 years old), including base salt, tensions, etc. requiring approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of traffic accidents prepared C;

1. A traffic accident report;

1. On-site and vehicle photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant's driving of drinking so as to cause a traffic accident and that the amount of alcohol concentration in blood is high.

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