beta
(영문) 춘천지방법원 원주지원 2014.07.15 2014고단388

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

except that 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. 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 10, 2014, the Defendant driven the said car on March 10, 2014, and proceeded forward the intersection in front of the AK department store AK department to the prime viewing from the edge of the national bank.

At that time, the Defendant had a large amount of alcohol concentration of 0.15%, breathous snow, breathous, and her walking was difficult to drive normally under the influence of alcohol, such as not having been walked normally, and where a signal, etc. is installed. In such a case, the Defendant is prohibited from driving, and when driving, the Defendant had a duty of care to drive safely according to the good faith while driving.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol, due to the negligent operation of a red signal, and the part on the right side of the victim C(24 years old) driving on the right side from the front line to the front line, which was left left from the front line.

Ultimately, the Defendant driven under the influence of alcohol that it is difficult to drive normally due to the influence of alcohol, and suffered injury, such as the lag of abandonment, which requires treatment for about two weeks, to the right side.

2. Around 02:45 on March 10, 2014, the Defendant: (a) driven a B M& car while under the influence of alcohol with a blood alcohol content of about 0.115% from a section of approximately 200 meters from the front day of the said AK department store to the front day of the said AK department store.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver, a report on risk driving, 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;