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(영문) 춘천지방법원 영월지원 2013.09.17 2013고단335

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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. On June 9, 2013, the Defendant driven a B car with alcohol content of at least 0.218% in a section of about 500 meters from the 500-meter radius to the front road of the Man High School located in the same Ri, Gangwon-gun, Gangwon-do, Seoul Special Metropolitan City, while under the influence of alcohol level of at least 0.218%.

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

On June 9, 2013, at around 17:05, the Defendant driven the said car while under the influence of alcohol, and led to the passage of the road in front of the Madon High School located in the Madon Madon-ri, Gangwon-do, Seoul, to the Madon High School from the north Myeon Office.

Since there are many vehicles parked on both sides of a narrow alley length and both sides of a road, there was a duty of care to reduce the speed and properly manipulate the steering and brakes to prevent accidents.

Nevertheless, as described in Paragraph 1, the Defendant was negligent in driving without reducing the speed due to the influence of alcohol while normal driving is difficult due to the influence of alcohol, and the part of the backer of the D&D car owned by C, which was parked on the right side of the running direction, was parked in the front part of the said C-owned car, and the part of the E-owned wall located on the left side of the driving direction was received, and then the part of the backer of the F-owned G& car parked on the right side of the driving direction was received.

Ultimately, the Defendant suffered injury to the victim H (the age of 58) who was on board the car in the car with the foregoing occupational negligence, such as salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, C, F, and H;

1. A written diagnosis of injury;

1. A traffic accident report, an investigation report, and