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(영문) 춘천지방법원 원주지원 2014.11.12 2014고단556

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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 of the final judgment.

Reasons

Punishment of the crime

1. Around 20:00 on May 12, 2014, the Defendant driving a set-off car under the influence of alcohol content of about 0.164% from a high-water parking lot in the original city located in the Pyeongtaek-dong, Nowon-gu, Seoul-si, to a level of about 500 meters for the same time.

2. The Defendant is a person who is engaged in driving of Clearning cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On the above date, the Defendant, while under the influence of alcohol concentration of 0.164%, was inaccurate, and the Defendant driven the said vehicle under the circumstances where it is difficult to drive it normally, such as that walking is not normal, and led to driving of the said vehicle at a speed of about 30km from the parallel parallel to the parallel parallel of salary at a speed of about 30km.

At the same time, the two lanes are two lanes, and the victim D(44 years of age) is driving a motor vehicle E in the opposite lane, so in such a case, the driver of the motor vehicle had a duty of care to drive the motor vehicle according to his/her own lane, instead of harming the center by accurately operating the steering area and the steering system and accurately.

Nevertheless, the Defendant neglected this as it was and operated by the central line, thereby being negligent in driving the vehicle at the central line, and received the front panion of the vehicle at the front of the driver's vehicle.

As a result, the Defendant suffered from the victim D and the victim F (n, 45 years of age) who was on board the car in the above mountain cover due to the above occupational negligence, for approximately two weeks of medical treatment, and for the victim G (n, 4 years of age), for approximately one week of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written diagnosis;

1. A report on detection of a host driver;

1. The application of the law of the actual survey report.