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(영문) 춘천지방법원 강릉지원 2013.10.24 2013고단539

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 17:20 on August 14, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) (hereinafter “Dangerous Driving”), while under the influence of alcohol at 0.245% of the blood alcohol concentration, was driving CFD motor vehicle at the epode from the epode of the eporactic railway street to the intersection of the PFF motor vehicle trading company.

In this case, the driver of the motor vehicle has a duty of care to properly operate the brakes by properly manipulating the brakes while keeping the booms well in the driver of the motor vehicle.

Nevertheless, the Defendant was negligent in neglecting this and neglecting to properly operate the operation of the operation system and received the back part of the E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E, which was driven by the victim D (the age of 39).

As a result, the Defendant driven his own car in a state where it is difficult to drive the car normally due to influence of drinking, such as a big distance and snow shock, and suffered injury to the victim, such as the climatic salt, tension, etc. for about two weeks in need of medical treatment.

2. Around 17:20 on August 14, 2013, the Defendant driven a CFD car under the influence of alcohol content of approximately 0.245% from the 2km section to the front road of the “Scardong Motor Vehicle Trading Company” located in the same time pressure-Dong from the front side of the Gangseo-si 2amamamamno-dong apartment at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

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

1. The point of driving under influence of alcohol under Article 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 of imprisonment), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning criminal facts; and