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(영문) 춘천지방법원 원주지원 2017.04.13 2017고단75

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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. On December 22, 2016, the Defendant violated the Road Traffic Act (drinking) driving a vehicle with alcohol concentration of 0.123% in the section of approximately 3km from the vicinity of a fishing place adjacent to the lake and marsh located in the self-head of the Hoju-si to the vicinity of the intersection located in the same area.

2. On December 22, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk), driving the said vehicle at around 21:42, and driving the said vehicle along the two-lane road near the intersection of the Jeju west, which is located at the bottom of the original city.

At night, the Defendant, who was engaged in driving of a motor vehicle, had a duty of care to care for safely operating the motor vehicle in a manner of driving the motor vehicle. However, the Defendant was negligent in driving the motor vehicle in a situation where normal driving is difficult due to influence of drinking, and the Defendant was negligent in driving the motor vehicle without neglecting his/her duty to care, resulting in the Defendant’s injury to the Defendant C (the age of 49) who was the wife on the right side of the motor vehicle, by taking a dick day installed on the right side of the motor vehicle in the part of the motor vehicle in front of the motor vehicle driving on the right side, by taking up the dick day installed on the right side.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the occurrence of traffic accidents, a report on the actual condition of driving, a report on the circumstances of driving a driver at home, a report on whether to drive any danger, and a report on the results of regulating drinking driving;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime, and the choice of a sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures (the scope of recommended punishment) is one type of traffic accident (the traffic accident).