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(영문) 춘천지방법원 원주지원 2014.11.18 2014고단936

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 03:45 on August 24, 2014, the Defendant violated the Road Traffic Act (driving a sound driving) driving of a vehicle D i30 vehicle under the influence of alcohol content 0.129% while under the influence of alcohol at a Ccafeteria located in the Ccafeteria B at Won-si. Around 03:45.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) is a person engaged in driving a car.

As above, the Defendant was driving the said vehicle in a state where it is difficult to drive it normally due to the influence of drinking such as a little red, etc., while under the influence of alcohol, and led the said vehicle to go back from the front of the said C cafeteria to the Korean pipe.

Since there are many entertainment places, the driver had a duty of care to live well in the future and safely drive the accident to prevent the accident.

Nevertheless, the Defendant neglected this and did not look at the victim G (the 30 years of age) who opened the right side of the Fstynael taxi operated by E in the front side of the Defendant’s vehicle at the time when the Defendant neglected it, and did not see the victim G (the 30 years of age) and shocked the victim’s right side with the back wheels of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim G by occupational negligence to suffer from the injury of salt and tension in the area of a plant that requires two weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 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 sound driving and the choice of imprisonment);

1. From among concurrent crimes, violation of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the crime of death or injury caused by dangerous driving]