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(영문) 춘천지방법원 원주지원 2013.11.05 2013고단594

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 20:20 on July 11, 2013, the Defendant driven a C Poter under the influence of alcohol leveling 0.122% of blood alcohol level without obtaining a driver’s license from the section of about 8km in the same city of Taedo, from the jun-do, Hoju-si to the 20:35 on the same day.

2. On July 11, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of 0.122% of alcohol level in front of the Won Tolopon in the Taeju-dong of Won-si on July 201, 2013, and was driving the Poter freight specified in paragraph (1) to turn to the left at an irregular speed from the direction of the crossing to the left at a 36th direction.

At the time, since it was night and rained, the driver of the motor vehicle has a duty of care to properly operate the brake and steering gear and prevent the occurrence of safety accident by operating it in accordance with the signals of signal apparatus.

Nevertheless, the Defendant neglected to do so and did not properly operate the brakes, while driving the victim D (In this case, 25 years old) who was under way due to the negligence while driving the brakes, received even even the left-hand door of the EM3 car volume by the Defendant’s driver’s front-hand part of the vehicle.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as catitis that requires treatment for about three weeks, and suffered injury to the victim F, who was on board the above SM3 vehicle, such as catitis that requires treatment for about two weeks.

3. On July 11, 2013, the Defendant’s unlawful uttering of official document: (a) in relation to the occurrence of a traffic accident as referred to in Paragraph (2) above to the prime City Police Station, around 20:40, in terms of the occurrence of a traffic accident as set forth in Paragraph (2) above.