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(영문) 춘천지방법원 원주지원 2016.12.20 2016고단1098

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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 02:50 on September 22, 2016, the Defendant driven a Bben E220-car with a blood alcohol content of about 0.16% in the section of approximately 1km from the street in the street from the bus terminal near the city bus terminal located in the original city phase to the street from the agricultural product wholesale market located in the same Dong.

2. The defendant is a person engaged in driving a motor vehicle as set forth in paragraph (1) of the Aggravated Punishment, etc. of Specific Crimes Act;

On September 22, 2016, the Defendant driven the above vehicle on September 02, 2016, and driven the three-lane road near the three-lane distance of the agricultural product wholesale market in the original city level, along the two-lanes from the side of the AK department store to the door door.

At the time, there were nights, and there were vehicles standing in the signal atmosphere at a visible distance, so there was a duty of care to safely drive the vehicle by properly operating the brake system.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not look well at the front, and was negligent in driving the vehicle, and received the part of the victim C(34 years old) driving in the direction of the signal signal at the bend of the bend of the vehicle of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. Report on the situation of running a motor vehicle under the influence of alcohol, report on the circumstantial statement of a motor vehicle under the influence of alcohol drivers, report on whether to drive a motor vehicle under the influence of drinking;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime