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(영문) 춘천지방법원 원주지원 2015.08.25 2015고단360

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

1. Around 20:30 on April 19, 2015, the Defendant driving a motor vehicle B in the state of alcohol alcohol concentration of approximately 0.169% in a section of approximately 200 meters from the front of a restaurant, which is located in the Dobong-gu, Won-si, Won-si to the front day of the town located in the same city-do.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol concentration of 0.169% on the date and time set forth in paragraph (1) and was driving the said Ecuas car, thereby driving the said Ecoos car along the two-lane road in front of the Ccuascopic ecopic ecopic ecopic ecopic ecopic ecopic ec

Since there is a two-lane road, there is no possibility that a person engaged in the driving of motor vehicles would impede the normal passage of other motor vehicles, and there was a duty of care to safely drive the steering and brakes by making a rear signal and properly manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the victim C (the 29-year-old driver) who was standing in the aftermath due to the negligence of the Defendant.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, suffered injury such as the victim E (the victim E (the 27-year-old), the victim F (the 31-year-old), and the victim G (the 32-year-old age-old), respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. A report on actions taken against an employer, a report on the status of the driver, and a report on whether he/she will drive any danger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.