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(영문) 춘천지방법원 원주지원 2013.05.08 2013고단111

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 6, 2013, the Defendant was sentenced to imprisonment for 8 months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) in the Jeju District Court's original branch on February 6, 2013, and the judgment becomes final and conclusive on February 14, 2013 and is currently

【Criminal Facts】

1. Around 23:40 on January 15, 2013, the Defendant: (a) driven B blades car under the influence of alcohol by 0.130% in blood alcohol concentration on the roads near the post office located in the Gangwon-si phase of Gangwon-si to the roads front of the fixed hospital located in the original-si phase of Gangwon-si.

2. On January 15, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter “Road Traffic Act”) and the Defendant did not drive a motor vehicle in front of the fixed hospital in front of the front city at the original city level from the bank apartment direction in the direction of the apartment of the bank and do not drive the motor vehicle under the influence of alcohol as described in paragraph (1) and received the back portion of the D E 300 motor vehicle driven by the victim C (the 34-year-old), who is under the influence of traffic from the front section of the said motor vehicle due to negligence without operating the brake system properly.

Ultimately, the Defendant driving a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, resulting in an injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and at the same time damaged the said E 300 motor vehicle by KRW 6,773,580 of its repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A report on detection of a driver, a report on whether he/she is engaged in any dangerous driving, and a report on the circumstances of his/her driving;

1. Photographs, quotation, and medical certificate;

1. Previous records: Inquiries and inquiries, and application of Acts and subordinate statutes concerning investigation reports (Attachment of the same kind of judgment);

1. Relevant Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning the crime.