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(영문) 춘천지방법원 원주지원 2014.05.27 2014고단224

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 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 Maz car;

On March 21, 2014, the Defendant driven the above car at around 09:30 on March 21, 2014, and proceeded to turn to the left from the right of the two apartment houses at the right of the Han-dong Han-dong Han-dong, Seogdong-gu.

At that time, the Defendant, while under the influence of alcohol content 0.259%, was in a state of difficult to drive normally under the influence of alcohol, by breathing snow, smelling within 3 meters, and walking without normal conditions. In such a case, the Defendant is prohibited from driving, and when driving, the Defendant has a duty of care to reduce speed and safely drive by properly examining the right and the right and the right.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the front time of the front time of the car driving by the victim C(34 years old) driving from the southwon Middle School on the side of the Mamamb apartment. The front right side of the Dom5 car was driven by the Defendant’s driving.

Ultimately, the Defendant, as seen above, driven in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt pans, tensions, etc. in need of treatment for about two weeks.

2. On March 21, 2014, at around 09:30, the Defendant driven a B Mart car with a blood alcohol content of about 0.259% from the section of about 100 meters, from around 100 meters to the front day of the Gu Gero in the same Dong-si, Nowon-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The application of Acts and subordinate statutes to a report on whether to drive a dangerous motor vehicle, a blood alcohol appraisal statement and a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury resulting from dangerous driving and the choice of imprisonment) and Article 5-11 of the same Act concerning criminal facts;