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(영문) 춘천지방법원 원주지원 2015.09.15 2015고단584

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 B-Wood vehicle.

1. Around 13:04 on June 11, 2015, the Defendant was driving a motor vehicle of soft-lurged from the front of the “Fuwon apartment” road located in the Donsan-dong of Won-si to the front of the “Fuwon apartment” road from approximately 300 meters away from the section of about 300 meters to the road of the “Wusansan-do”, with a blood alcohol concentration of 0.137%.

2. Around June 11, 2015, 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, and the Defendant was driving the said vehicle on the road front of the said “Dangerous Driving” from the direction of the U.S. C., even though it is difficult to drive the vehicle normally due to influence of drinking, such as influoring, and face color is inaccurate and without walking properly.

At this point, there was a center line of yellow solid lines, so in such a case, there was a duty of care to prevent accidents in advance by safely operating the car with the driver's license in a safe manner.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the center line, and was placed at the left part of the front part of the victim C(35 years old) driving of the victim C(35 years old) who was running along one lane in the direction of the Defendant’s running.

As a result, the Defendant suffered injury to the victim, such as Damopal ties, salt ties, etc., which require medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the occurrence of a traffic accident, report on a traffic accident (1)-actual survey report, traffic accident report (2)-field map, and on-site photograph;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on whether to drive under the influence of alcohol, and report