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(영문) 춘천지방법원 원주지원 2013.09.11 2013고단455

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten 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

On May 16, 2013, the Defendant driven a B K5 vehicle with a blood alcohol concentration of 0.117% around 22:40, while driving a two-lane from the front side of the National Sports Center for the People's Sports in the front side of the front city of the original city, and driving the two-lanes from the front side to the original medical center, the Defendant changed the course into a three-lane.

At the same time, a victim C(36 years old) driver's car is running, so in such a case, the defendant engaged in driving service has a duty of care to prevent the accident in advance by changing the course by well examining the right and the right and the right of the driver.

Nevertheless, the Defendant was negligent in driving under the influence of alcohol while neglecting it, and caused a sudden change of course to get the victim to have the front part of the victim's left side.

As above, the Defendant, while driving a vehicle in a state where normal driving is difficult due to influence of alcohol, caused damage to the victim’s surrounding land and power lines necessary for treatment for about three weeks, and at the same time, 4,796,655 won, such as exchange of the front driver, was destroyed by the said food vehicle and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (survey report on actual condition), a report on whether to drive any danger, a report on whether to appraise blood alcohol, and a report on detection of a drinking driver (investigative records No. 54);

1. Application of Acts and subordinate statutes, such as a field photograph, estimate (D), and written diagnosis (C);

1. Measures not taken after destruction of Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime at issue.