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(영문) 춘천지방법원 원주지원 2013.11.20 2013고단653
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 September 19:15, 2013, the Defendant driven a B-learning car under the influence of alcohol level of about 0.16% from a section of about 500 meters, from the front of the so-called door door market in the original city to the front road in the original city, such as the construction of the so-called door Eup, etc.

2. Around September 19:15, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a B-learning car while under the influence of alcohol and proceeded with the distance in front of the Sejong-gu Doctri in the front of the Sejong-gu Doctri at the time of the original state as a door-to-door room from the door-to-door room.

In this case, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed, to live well the right and the right of the motor vehicle, and to drive the motor vehicle safely in accordance with the signals.

Nevertheless, the defendant neglected this and got a front portion of the car driving by the victim C (the age of 44) who was driving under the new code from the right side of the running direction of the defendant by the negligence of entering the intersection in violation of the signal.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A survey report on actual condition, a report on whether to drive any danger, and a report on the detection of any driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Articles 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving and the choice

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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