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(영문) 춘천지방법원 강릉지원 2013.07.17 2013고단224

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

However, 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 19:40 on March 28, 2013, the Defendant driven C Poter Cargo Vehicles with a blood alcohol concentration of about 0.186% from a section of about 500 meters to the front road of the Gangnam-si river, which is located in Gangnam-si, Gangwon-si, and around 20:04 on the same day.

2. A person who is engaged in driving of Category C cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving)

On March 28, 2013, the Defendant, as described in Paragraph 1, driven the above cargo vehicle while under the influence of alcohol of 0.186% with a blood alcohol concentration of 0.186%, and led the two-lane road in front of the Gangnam Hanung River Association, which is located on the river of Gangseo-si, to proceed from the south area towards the south area, at an insular speed.

In front of the defendant's running direction at the time, the victim D(54 years old)'s E-Ba car was a signal atmosphere, so the driver of the vehicle has a duty of care to properly see the e-mail, and to prevent the accident in advance by accurately manipulating the steering direction and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the back part of the vehicle in the front part of the vehicle in front of the vehicle in front of the Defendant’s driving, while driving the vehicle in front of the vehicle in front of the former while driving the vehicle in front of the latter part of the vehicle in front of the latter part of the vehicle in front of the latter part of the vehicle in front of the foregoing vehicle in front of the vehicle in front of the latter part of the vehicle in front of the vehicle in front of the latter part of the vehicle in front of the vehicle in front of the latter part of the vehicle in front of the vehicle in front of the latter part, and the Defendant again carried the vehicle in front of the above vehicle in front of the vehicle in front of the latter part and again was able to see the latter part of the vehicle in front of the latter part.

Ultimately, the Defendant caused the injury to the victim D by occupational negligence, such as salt, tension, etc., of the trend that requires approximately two weeks of treatment to the victim D.