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(영문) 광주지방법원 2017.01.19 2016고단4329
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence 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 Bran vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 23, 2016, the Defendant driven the said vehicle with alcohol content of 0.166% while under the influence of alcohol without a driver’s license on August 19:58, 2016, while driving the said vehicle, and driving the said vehicle at a point of 42.7km on the Honam Highway in the Gero-gun-gun of Nero in Nam-gun, Nam-gun, Gero, Gwangju, at a speed of about 80 to 90km each hour at a speed of about 80 km between the two-lanes in flow, and changed the course to one-lane.

In such cases, when it is likely that a person engaged in driving service will impede normal traffic of other vehicles running in the direction of changing course, he/she shall not change course, and he/she has a duty of care to safely change course by giving an advance notice of change of course through a direction flag, etc. and by properly examining the right and the right of time.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive in a state where normal driving is difficult, neglected to change the course to a one-lane as it is, and caused the victim C (W, 29) who was proceeding along a one-lane, to shock the part before the right side of the Defendant’s vehicle for driving DK3 (W, 29).

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as “damages, tensions, and tensions, and brain in two parts,” which require approximately three weeks of treatment.

2. The Defendant driving a B-low-income vehicle under the influence of alcohol concentration of 0.16% without a driver’s license at the time and place specified in paragraph 1, and without a driver’s license, at the places specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, a statement report on the situation of a driver driving, a circumstantial report (whether or not a driver is in danger), notification of the results of regulating drinking driving, a driver's license register and a medical certificate, and a driver's license

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