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(영문) 광주지방법원 장흥지원 2015.01.08 2014고단106
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a gallon or a combined driver.

On May 15, 2014, at around 14:00, the Defendant driven the above van while under the influence of alcohol with a 0.172% alcohol concentration, and proceeded with the farm road located in the front Jin-gun, Jin-gun, Jinnam-gun, from the side of Giri Village to the academic village, but failed to proceed in the future due to the construction of the front bank.

In this case, there was a duty of care to prevent accidents, such as making a well-being and left-hand side and right-hand side, and accurately manipulating the steering and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive normally and neglected to do so, brought about the front part of the E-to-beb, which was driven by the victim D (W, 52 years of age) who was standing at the front and rear of the Defendant, due to the negligence of the Defendant’s failure to drive normally.

Ultimately, the Defendant suffered injury to the victim D, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. The actual condition survey report;

1. A report on detection of the driver, a report on the circumstances of the driver, and a circumstantial report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant 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 and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures [the scope of recommendations] general traffic accidents, Type 1 (Bodily Injury from Traffic Accidents), basic area (4-10 months to 4-10 months) (special mitigation factors) and minor injuries occur / Article 3 of the Special Education Act.

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