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(영문) 춘천지방법원 원주지원 2017.02.14 2016고단1306
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

1. On October 31, 2016, the Defendant driven a driver’s vehicle with a gallon with alcohol content of 0.142% at a distance of about 1.5 km from the street before the frequency in which it is impossible to find out the trade name in the reflectd dong at Won-si around 19:40 on October 31, 2016 to the front of B at the same time.

2. The Defendant is a person engaging in driving a vehicle as specified in paragraph (1).

On October 31, 2016, the Defendant driven the above vehicle at around 19:40 on October 31, 2016, and driven the road of two lanes in front of the original city along the road from the parallel parallel to the parallel parallel.

At the time, there are nights and vehicles standing in the signal waiting at the front door, so there was a duty of care for those engaged in driving motor vehicles to safely operate the brake system by properly operating it.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was in the front part of the Defendant’s vehicle while driving a vehicle at the math prior to the steering of the victim D(57 ) who was waiting for a signal at the math (57) drive by negligence, and received a part of the front part of the Defendant vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the circumstances of driving a drinking driver, a report on the circumstances of a drinking driver, a report on the results of regulating drinking and a report on whether to drive any danger;

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), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving) and Article 148-2(2)1 of the Act on the Aggravated Punishment, etc. of the Specific Crimes

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