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(영문) 광주지방법원 순천지원 2015.03.31 2014고단2122
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving freight cars of one ton of Poter C spokes

On November 2, 2014, the Defendant driven the said vehicle under the influence of alcohol of 0.142% on blood alcohol level at 09:05, while driving the said vehicle at a low speed of 0.142% on the left side of the said road, and driving the low speed of the forest in the upper right side of the wind side of the YY-gun, Goung-gun, Goung-gun, in a right side of the winding side, and driving the said vehicle directly from the right side of the winding side. At the same time, the Defendant suffered from the victim, who was under the influence of the victim D while driving the vehicle, without thoroughly examining the progress of the vehicle in front and trying to turn to the left at the front of the said vehicle, by neglecting the damaged vehicle at the right side of the Defendant’s vehicle, thereby taking a part of the driving seat of the said vehicle in the front side of the said road. At the same time, the Defendant suffered from the victim’s knee on board, who was in need of treatment for about six weeks.

2. On the date and time set forth in paragraph (1), the Defendant driven the above cargo vehicle while under the influence of alcohol by 0.142% from the 5km section to the place set forth in paragraph (1) from the Ha’s house located in Goung-gun G to Goung-gun G.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Application of the Acts and subordinate statutes to the notification of the results of the influence of drinking driving, such as D and F's respective diagnosis reports, traffic accident actual condition survey reports, field evidence photographs, the report on the actual state of a drinking driver, and the report;

1. The fact that the relevant crime is caused by danger driving: The point of drinking under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Aggravation for concurrent crimes;

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