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(영문) 춘천지방법원 원주지원 2013.07.23 2013고단318

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 23:55 on May 14, 2013, the Defendant driven a Brocketing car under the influence of alcohol content of approximately 0.158% from the 1km section to the road near the Hei-Saz teledong-dong, which is located in the Hai-si Port of nuclear power, from the Hai-si to the opening of the Goi-si Port.

2. A 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 rocketing

On May 14, 2013, at around 23:55, the Defendant driven the said car while under the influence of alcohol and proceeded with the road near the opening of the movement at the time of the original week from the fluence of the central market.

At night and at the front of the defendant's proceeding, D Poter's freight driven by the victim C(24 years old) was under the traffic signal stop, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and to safely drive by checking well the right and the right and the right of the vehicle.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving and received the back part of the cargo vehicle in the signal atmosphere as the front part of the Defendant’s passenger vehicle.

As a result, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim E (the victim E (the age of 44) who was on board the said rocketing car, such as scopical salt, tension, etc. requiring two weeks of medical treatment, and suffered injury to the victim E (the age of 44) who was on board the said rocketing car for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to the report on the proper launch of a driver, the report on whether to drive any danger, and the written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) as to the crime under the corresponding provision of the Act, and Article 148-2 (2) 2 of the Road Traffic Act.