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(영문) 광주지방법원 순천지원 2018.10.19 2018고단1547
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for one year.

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 C and is engaged in driving a vehicle.

On June 1, 2018, when the Defendant driven the above vehicle while under the influence of alcohol 0.196% during blood transfusion on June 1, 2018, the Defendant came to proceed to the rist from the liberal side of a storm reservoir located in a double mountain, if the Defendant was under the influence of alcohol 0.196%.

However, since there are lots of roads bended by the direction, the driver of the vehicle had a duty of care to prevent accidents in advance by accurately manipulating the front section and the left and right, and by accurately manipulating the steering gear and the brakes.

Nevertheless, under the influence of alcohol, the defendant did not properly see that he is a bend road, and without accurately operating the steering gear and brakes, the defendant got the street trees and electric poles facing the central line as the vehicle above the central line by negligence.

Ultimately, the Defendant, while driving a motor vehicle in a state of difficulty in normal operation, sustained injury, such as cutting the frame of the upper half of the left-hand body in need of approximately 16 weeks of medical treatment, and at the same time, the victim E (83 years) who was on the back-side edge of the said Poter vehicle, was on July 15, 2018 at a pre-university hospital located in Gwangju-dong-gu, Gwangju Metropolitan City, 42, resulting in the death of the victim E (83 years of age) due to diversification, etc. at around 15:14, July 15, 2018.

2. The Defendant was driving the said vehicle under the influence of alcohol at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. The circumstantial report (whether to drive any danger);

1. A written appraisal of alcohol among bloods;

1. Application of Acts and subordinate statutes to medical certificates and death certificates;

1. The latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of death or injury resulting from dangerous driving) on criminal facts as prescribed by the relevant Act.

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