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(영문) 춘천지방법원 원주지원 2015.03.18 2015고단22

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 23:00 on December 30, 2014, the Defendant driven a B-ro vehicle with a blood alcohol content of at least 0.155% from a section of approximately 200 meters, from the road front of a mutually influenced original fluence in the city of nuclear power, to the road front of the legal investigation distance in the same Dong.

2. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and is engaged in driving of a vehicle B.

On December 30, 2014, at around 23:00, the Defendant driven the above vehicle while under the influence of alcohol of 0.155%, and proceeded to the left at the right of the six-lane road in front of the legal survey distance in front of the original city, from the side of the requesting apartment to the non-permanent apartment in accordance with two-lanes. On December 30, 2014, the Defendant suffered from the victim C (the aged 39) who was on the front side of the Defendant’s vehicle with a signal apparatus column installed on the front side of the said apartment by occupational negligence that did not accurately operate the steering direction and the system in the situation where it is difficult to drive the vehicle due to the influence of drinking, and the walking distance is infinite, and the Defendant was negligent in driving the signal apparatus pole installed on the front side of the said vehicle without accurately operating the steering direction and system.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employer to the driver;

1. A medical certificate;

1. The actual condition survey report;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Articles 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving and the choice

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than that provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and the long-term punishment on two crimes above that provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes shall be aggravated: Provided, That the lower limit of such concurrent crimes shall be that set forth in the