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(영문) 춘천지방법원 원주지원 2013.11.06 2013고단612

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

except that 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. Around 18:10 on August 31, 2013, the Defendant was driving a B-hurged vehicle under the influence of alcohol by 0.159% in a section of about 5km from the 5km to the front road of the erogic elementary school located in the erogic erogic erogic erogic erogic erogic erogic erogic.

2. Around 18:10 on August 31, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a B-to-purd motor vehicle while under the influence of alcohol, and led to an effective0-year-old apartment on the face of the hotel room in front of the B-to-pur elementary school located in the Hanju City-si Do.

In this case, the driver of a motor vehicle has a duty of care to safely operate by accurately operating the steering and steering the steering gear and the steering gear of the motor vehicle in the vicinity of the fourth-lane intersection where traffic is controlled by signal apparatus.

Nevertheless, the defendant neglected this and got the back portion of the Dunst cargo vehicle driven by the victim C(54 years old) who stops in the signal waiting direction at the front of the course of the defendant's vessel due to negligence.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, was inflicted on the victim E (the age of 51) who was on board the motor vehicle of the victim C and the Defendant for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A survey report on the actual condition, a report on the detection of drivers, and a report on whether to drive any dangerous motor vehicle;

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

1. The pertinent 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.