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(영문) 광주지방법원 2013.03.26 2013고단279
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Brenren car.

On January 9, 2013, the Defendant, while under the influence of alcohol at 0.184% of blood alcohol level, was drunk and fluened with snow, and maintained red on the face, the Defendant driven the above vehicle, thereby driving the white-dong distance in the front-west Eup at the front-west west of the front-west west, thereby driving the two-lane from the front-west west west side of the front-west west west at approximately 40-50km in speed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, due to negligence of the defendant's failure, the defendant was driven by the victim C (the 52-year old) who stops in the signal signal in front of the defendant's running direction, and the part behind the driver's vehicle driven by the defendant was turned into the front part of the vehicle driven by the defendant, while at the same time, the victim E (the 32-year old) who stops in the signal signal in front of the defendant's driving direction was driven by the victim E (the 32-year old) who stops in front of the defendant's driving direction.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered from each injury, such as dynasium in the bones of wood, which requires approximately 2 weeks of medical treatment to the victim C and E by negligence in the course of business, and suffered from injury, such as dynasing the right-hand dynas, which requires approximately 12 weeks of medical treatment to the victim G (the age of 53) boarding

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of C, E, and G;

1. Reports on the occurrence of a traffic accident and evidence and photographs thereof;

1. The circumstantial report (whether to drive any motor vehicle under hazard), the circumstantial statement of the driver under command, and the report on detection of the driver under command;

1. Application of each written diagnosis (as defined in Article 48, 57, 81 of investigation records) statute;

1. Criminal facts;

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