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(영문) 춘천지방법원 원주지원 2013.11.20 2013고단655

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 20:30 on October 9, 2013, the Defendant driven a B-learning car under the influence of alcohol with approximately 0.170% of alcohol alcohol concentration from the 4km section in front of the terral, doctoral, and fluoral, in the front of the fluoral and fluoral, located in the fluoral drive of nuclear power.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of 0.170% of alcohol level during the temporary border under paragraph (1) while driving a B-learning car, and driving a four-lane road in front of the district zone in the original city level of Gangwon-do, along three-lanes from the site to the H-maart, and changing the course to the fourth-lane.

At that time, the four-lanes passed by another vehicle, and it was difficult at the time, so if a person engaged in driving service is likely to impede normal traffic of other vehicles, he/she shall not change his/her course, and he/she has a duty of care to take into account the right and the right and the right and the right and the right and the right and the right of the vehicle.

Nevertheless, the Defendant had the victim C(V) who was under the influence of alcohol and was under the influence of a sudden change of course due to negligence while neglecting it, and had the victim C(V 23 years old) drive a car rapidly.

As above, the Defendant, while driving in a state where normal driving is difficult due to influence of alcohol, sustained injury to the victim C, such as salt ties and tensions that require a two-day medical treatment, and suffered injury to the victim E (the age of 51) who was on board the said gender car for about two weeks, such as salt ties, tensions, etc. of the bones that require a two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on whether to drive any motor vehicle at risk, a report on detection of the motor vehicle driver, and a traffic accident report;

1. Application of each written diagnosis (E, C) statute;

1. Relevant Article 148-2 of the Road Traffic Act concerning criminal facts;