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(영문) 춘천지방법원 2015.07.03 2015고단318

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

On January 11, 2015, the Defendant, while under the influence of alcohol 05:10% of blood alcohol concentration, driven the said vehicle and driven the said vehicle on a three-lane road in front of the Gangwon University Eastern University, which is located in the Chuncheon City Master's Zone, with two-lanes, led to a speed of about 30 km from the front side of the promotion apartment to the master's distance from the master's length distance. At that time, the Defendant was under the influence of alcohol so that it is difficult for the Defendant to drive the vehicle normally due to the influence of alcohol and the ability to properly operate the steering and brake system, and in such case, the Defendant had a duty of care to immediately stop driving.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a central line at the edge of a road adjacent to the Defendant, and was driven by D’s owner as the front part of the E’s car, which was parked at the edge of the road adjacent to the Defendant.

Ultimately, the Defendant driven a car in a situation where normal driving is difficult due to the influence of drinking, and suffered damage to the victim F (the 22 years of age) who is the partner of the car in the franchise due to the above influence of drinking for about two weeks, such as damage to the character of the face of unknown face, gym, and the inspection.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the term shall be computed by adding up the maximum term punishment provided for the crime resulting from death or injury resulting from dangerous driving and the punishment provided for the crime resulting in death or injury];