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(영문) 춘천지방법원 원주지원 2017.05.11 2017고단121

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 10, 2016, the Defendant driven BM3 motor vehicles under the influence of alcohol content of about 0.210% in a distance of about 4km from the original funeral parking lot located in the short-term city in the city of nuclear power, to the intersection of the private distance of about 4km in the same city from the original funeral funeral parking lot to the white distance of about 4km in the same city of nuclear power.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven the above vehicle at the time of the above day and driven the road of 43 degrees in front of the third-lane apartment, which is located on the white road between the prime city and the prime city, from the apartment on the side of the apartment.

At night, at the time, there was a vehicle stopping in the signal waiting at a remote distance at the front, and thus, the Defendant, who was engaged in driving of a motor vehicle, had a duty of care to properly operate the brake system and drive it safely. However, the Defendant was negligent in the course of duty due to influence of drinking, which did not live well at the front time while it was difficult to drive the motor vehicle in a normal condition, and the Dco column of the victim C(54) driver who was waiting in the signal signal at the bend of the vehicle. The Defendant sustained the back part of the sports freight vehicle in front of the Defendant’s driving vehicle. The said victim sustained injury, such as the cromatic salt, tension, etc. in need of treatment for about two weeks, and the victim E (the victim E, 49 years old) who was engaged in driving of the motor vehicle, suffered injury, such as the cromatic dumf and tension of the chill that require treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Report on the occurrence of a traffic accident, report on the actual condition of driving, report on the circumstances of driving at home, report on the situation of a driver at home, report on whether to drive any danger, report on the results of regulating the driving of drinking, report on the alcohol appraisal during blood and report on the results of regulating the driving

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Trade name;