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(영문) 춘천지방법원 강릉지원 2016.07.14 2016고단646

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B on the Montreal in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the risk).

On March 23, 2016, the Defendant driven the said vehicle under the influence of alcohol by 0.147% while under the influence of alcohol while under the influence of alcohol, and led the Defendant to drive the said vehicle on the road in front of the DD construction located in Gangseo-si C, Gangwon-si.

At the time, it was night and at the same time, the speed of restriction was 60 km per hour, and in such a case, there was a duty of care to safely drive the vehicle by complying with the regulatory speed and thorough operation of the front hour.

Nevertheless, while under the influence of alcohol, the Defendant neglected to take the front direction, and discovered a e-ray f-ray vehicle from the right direction of the Defendant’s driving vehicle to the above road, which is the F-ray of the E-driving Vehicle entering the above road, from the right direction of the Defendant’s driving vehicle, to the right direction of the Defendant’s driving vehicle, and shocked the front direction of the Defendant’s driving vehicle into the front direction part of the vehicle.

Ultimately, the Defendant suffered from the injury of the victim G (24) who was seated on the top of the steering vehicle of the Defendant due to the foregoing occupational negligence, such as an open wound of two weeks in need of treatment.

2. On March 23, 2016, the Defendant driven a B-mon vehicle under the influence of alcohol concentration of approximately 0.147% from a 700-meter section from the front of the 579-lane 24 in the middle of the T-Tool-dong University to the road located in Gangnam-si, Gangwon-si, at around 03:45 on March 23, 2016, while under the influence of alcohol concentration of about 0.147% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual condition and on-site photographs;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Investigation report (calculated at the speed of a vehicle driven by a suspect before an accident);