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(영문) 춘천지방법원 강릉지원 2017.10.17 2017고단439

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a wing and cargo vehicle C.

1. On November 19:35, 201, the Defendant driven the above wing truck under the influence of alcohol with approximately 400 meters alcohol concentration 0.185% from the 400-meter section from the day before a mutual influent restaurant located in Gangseo-si, Gangnam-si, to the front day of the F in E.

2. When Defendant 1 driven the above wing-down cargo vehicle from the place of the sloping-si office to F in the direction of the sloping-si office by driving the front of the FF vehicle at the time indicated in the above paragraph (1), Defendant 1 was negligent in performing the duty of the front-down city in the situation where normal driving is difficult due to the influence of alcohol as stated in the above paragraph (1) and sustained injury, such as blood transfusion, etc., due to the Defendant’s failure to repair the road on the left-hand side of the front-hand side of the Defendant (the age of 61) and caused the Defendant’s injury to the victim of G (the age of 61) who opened the road on the left-hand side of the front-hand side of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and a report on whether he/she

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (investigation of witnesses of an accident) and a report on an investigation (report attaching a medical certificate);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The high drinking level, the victim's injury is very serious, the victim's family members want to punish the defendant's severe punishment: The fact that the victim's mistake is recognized and reflected, the fact that the victim's family members deposit 15 million won in total for the victim, and the fine.