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(영문) 춘천지방법원 원주지원 2014.10.15 2014고단237

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car with C motherage in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On March 15, 2014, the Defendant driven the said car on March 15, 2014, and led to the passage of the “bolland” front of the “bolland,” located at the center of Won-si, to the south side market.

At that time, the Defendant, while under the influence of alcohol content 0.219%, was in a state of difficulty in normal driving under the influence of alcohol, such as fluence of alcohol within 3 meters and smelling, and her walking is not normal. In such a case, the Defendant is prohibited from driving, and the Defendant had a duty of care to safely drive by taking into account the right and right and right and right and right and right and the right and duty of care when driving.

Nevertheless, as long as the Defendant was negligent in neglecting the front time of the taxi under the influence of alcohol, the part of the Defendant’s driving on the front day of the operation of the said taxi, which was the back part of the victim’s driver’s seat on the taxi.

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 15, 2014, at around 08:45, the Defendant was driving a C-Lin car under the influence of alcohol with a blood alcohol content of about 300 meters from a restaurant where it is impossible to know the trade name in the central Dong at Won-si to the front day of the “hinland” in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident statement;

1. Notification of the result of crackdown on drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes of a report on the occurrence of a traffic accident and a report on actual status investigation;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes.