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(영문) 춘천지방법원 영월지원 2012.08.16 2012고합51

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

Reasons

Punishment of the crime

1. On April 17, 2012, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) driving license on April 17, 2012, the Defendant driven C straw freight under the influence of alcohol concentration of about 0.225% in a section of about 14km to the roads in front of the Defendant’s house located in Pyeongtaek-gun, Gangwon-gu, Gangwon-do, Gowonwon-gun at the front of the Defendant’s house located in Pyeongtaek-gun, Gangwon-do.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving C ice Cargo Vehicles. In such a case, the driver has a duty of care to reduce the speed and thoroughly operate the brake system in a manner that accurately operates the brake system by driving the said truck while normal driving is difficult due to the influence of drinking as above at the same time, and driving the two-lane road in front of the Embrympon in front of the Empon in the Bupyeong-gu, Sejong Special Metropolitan City of Gangwon-gu at the lower end of the river.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the brake system and failed to reduce speed by driving it as it is, by negligence, brought about the victim D(56) who was parked on the right edge of the said cargo vehicle, in the front part of the said cargo vehicle, and got off the part of the victim D(56 years old), who was parked on the right edge of the said cargo, and suffered from the victim's injury of multiple bareboat closed down which requires treatment for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual condition survey report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) concerning criminal facts;