(영문) 광주지방법원 순천지원 2016.08.30 2016고단840

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(영문) 광주지방법원 순천지원 2016.08.30 2016고단840

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2007, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch, etc., and on October 6, 2009, the Defendant was issued a summary order of KRW 4 million by the same court as a crime of violating the Road Traffic Act.

The defendant is a person who is engaged in driving a car in the B SP area.

On April 27, 2016, the Defendant driven a motor vehicle with alcohol level of 0.158% in the blood alcohol level around 22:30, while under the influence of alcohol on April 27, 2016, and continued to drive a three-lane road in front of the D gas station in the net City C, in the direction of the municipal ordinance, at a speed of about 40 km from the length of the municipal ordinance to the roller.

At night, it was difficult to keep the surrounding area around the night and the low-water surface was dissatisfed. In such a case, there was a duty of care to prevent accidents by complying with the driver’s license and operating the steering gear and the brakes accurately.

Nevertheless, the Defendant neglected this and failed to secure the safety distance with the vehicle in front of the vehicle in front of the vehicle in front of the road in front of the victim E, which was driven by the victim E, due to the negligence of not securing the safety distance with the vehicle in front of the vehicle in front of the vehicle in front of the road in front of it.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state of light that requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Evidence and photographs of the traffic accident scene;

1. Photographss of vehicles booms and caps;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Previous convictions: Inquiry of criminal history, investigation report (Attachment of criminal history of the same kind as the suspect), summary order, application of the text of the judgment, and application of the statutes governing the judgment;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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