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(영문) 춘천지방법원 원주지원 2013.09.04 2013고단430

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and a violation of the Road Traffic Act (driving of a sound driving) led the Defendant to drive a B car with alcohol concentration of 0.188% under the influence of alcohol around 18:10 on June 9, 2013, while driving a B car with alcohol concentration of 0.18% on the direction of the Doluco distance from the side of the Doluco distance.

At the time, there was a victim C(32 years of age) driver's darburged car which was stopped due to signal air at the front of the defendant, so in such a case, there was a duty of care to prevent the accident in advance by accurately manipulating the steering direction and operation system while driving the driver.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol and neglecting to do so and received the part of the victim's driver's vehicle behind the passenger vehicle in front of the Defendant's driving.

After all, the Defendant, as seen above, driven under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, and suffered injury to the victim, such as climatic salt, which requires treatment for about three weeks.

2. On June 9, 2013, the Defendant violated the Punishment of Minor Offenses Act: (a) at the police box of the original state police station located in Suwon-si, the police officer requested to take a drinking test; (b) however, the police officer refused to take a test over three occasions; (c) the police officer took a bath to the police officer; (d) he saw him to be off from the Defendant’s body; and (e) carried out a slope G that demanded a re-measurement; and (e) carried out a knick with the Defendant’s body, and (e) carried out a knick and knicking on the part of the Defendant.

Accordingly, the Defendant, within a police box that is a public office, dumpeded or flapsed by very rough words and conducts for about 40 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1), (2), a report on detection of a primary driver, and whether the primary driver is in danger;