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(영문) 광주지방법원 2015.11.05 2015고단3749
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

On December 9, 2010, the Defendant was sentenced to a fine of KRW 5 million by the Gwangju District Court for a violation of the Road Traffic Act (driving) and was sentenced to a fine of KRW 4 million by the Gwangju District Court on April 23, 2012.

The defendant is a person who is engaged in driving of CSP car.

On July 6, 2015, at around 04:00, the Defendant driven a spke car from the water spke road located in the Suwon Mine-dong to the thermal power plant while under the influence of alcohol of 0.195% of blood alcohol concentration.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, and has a duty of care to safely drive a steering boat and brake system by accurately operating the steering boat and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected the duty to see the front left by the victim D (the age of 24) by negligence while neglecting the duty to see the front left by the victim D (the age of 24), suffered from the following parts of the E-5 vehicle driven by the victim D (the age of 24) by taking the front penter part of the said Switzerland car, which requires approximately two-day medical treatment to the victim D, such as the chilled cryp, which requires approximately two-day medical treatment to the victim F (the age of 23) who is the passenger of the K5 vehicle, and the present donation and crums requiring one day medical treatment to the victim G (the age of 23).

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. The actual condition of traffic accidents;

1. A copy of a medical certificate;

1. A copy of each initial record sheet; and

1. Report and investigation report on the host driver (application of the Radmark);

1. Previous records of judgment: Application of the Acts and subordinate statutes, such as inquiry letters and copies of written judgments;

1. The Aggravated Punishment, etc. of Specific Crimes provided for in the relevant Acts concerning criminal facts;

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