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(영문) 춘천지방법원 원주지원 2014.03.11 2014고단61

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 00:40 on December 24, 2013, the Defendant driven a B-wing truck with blood alcohol concentration of about 0.10% in the section of about 1km from the front of the “non-drivinging” road located in the Nowon-gu in the Nowon-do in the original city to the front road of the Dongdong-gu Apartment apartment in the same city.

2. A person who is engaged in driving of a wing and cargo vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On December 24, 2013, the Defendant driven the above cargo vehicle with a blood alcohol content of 0.10% 0.10%, while under the influence of alcohol around 00:40 on December 24, 2013, and led to a three-lane road in front of the Eastern-gu Apartment apartment in the name of the prime city.

At the time, since it is an intersection where a signal is installed at night, there is a duty of care to protect the vehicle's driver and prevent the accident in advance by safely driving the vehicle.

Nevertheless, the Defendant neglected this and neglected to drive the said cargo under the influence of alcohol as above, caused the Plaintiff’s failure to drive the said cargo in a state where normal driving is difficult due to the negligence of operating the said cargo vehicle, thereby driving the victim C(22 years of age) who was in the atmosphere of signaling at the bend, and brought the vehicle behind the vehicle, and brought the vehicle to the front part of the vehicle

Ultimately, the Defendant suffered injury to the victim C and the victim E (the age of 20) who was on board the said car by occupational negligence as above, such as salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the report on detection of a host driver, the report on risk driving, and the written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question, and Article 148-2 of the Road Traffic Act.