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(영문) 춘천지방법원 영월지원 2013.09.06 2013고단297

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 도로교통법위반(음주운전) 및 도로교통법위반(무면허운전) 피고인은 2013. 6. 12. 16:45경 강원 정선군 정선읍 용담샛길 33에서부터 강원 정선군 정선읍 봉양리 321-1 평화반점 앞 도로에 이르기까지 약 3km의 구간에서 자동차 운전면허를 받지 아니하고 혈중 알코올농도 0.204%의 술에 취한 상태로 B 화물차를 운전하였다.

2. The defendant is engaged in driving of B cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 12, 2013, the Defendant, at the right time and at a speed of about 30 km, driving the above cargo while under the influence of alcohol level of 0.204%, without the driver's license, as set forth in paragraph (1), at the right intersection in front of the peace base in the Dobong-ri, the Gangseo-gu, the Gangwon-do, Gangwon-do, and the Defendant proceeded at a speed of about 30 km as soon as possible.

At that time, as an intersection, the victim C (the age of 45) is driving on the front of the vehicle operated by the Defendant, and therefore, the person engaged in driving service has a duty of care to look at the front left well and to operate the brake and steering gear in a safe speed and manner by accurately manipulating the steering system and steering gear.

Nevertheless, the Defendant neglected to drive normally due to the influence of alcohol and proceeded as it is, due to negligence, while neglecting it, and did not avoid the victim's misperion that was going in the front bank, and received the part on the back loading of the Otobb as part of the front part of the cargo vehicle operated by the Defendant.

As a result, the Defendant suffered injury to the victim, such as Damopal ties, salt ties, etc., which require medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. The motor vehicle driver's license ledger;

1. A medical certificate (C);

1.Each.