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(영문) 춘천지방법원 속초지원 2013.09.27 2013고단227
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 21:08 on April 20, 2013, the Defendant driven Bho XG car while under the influence of alcohol content of about 0.203% from the 40m section to the front road of Niging National Assembly, even though it was located in the same Dong on the same day as the day before the cafeteria Gamb restaurant parking lot located in Youngyang-si, Seocho-si, Seocho-si.

2. On April 20, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said vehicle under the influence of alcohol content 0.203%, and went to turn to the right from the right-hand terminal on the side of the Saemaeul History to the high speed terminal, while driving the said vehicle under the influence of alcohol content 0.203%.

At the same time, there was a traffic sign prohibiting the left turn, and even if the electric-side vehicle signal was red, the Defendant left the left at the left, and the Defendant was able to turn the left from the front line to the above intersection in accordance with the new code, and the front and rear part of the DNA car driven by the victim C(34 years of age) who was entering the above intersection from the math line to the above intersection in accordance with the new code was able to receive the front and rear part of the direction.

Ultimately, the Defendant, while under the influence of alcohol, driven the said car in a state where normal driving is difficult, suffered injury, such as salt, tension, etc. of the trend that requires medical treatment for about 20 days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, a traffic accident report (1), (2), on the site and vehicle photographs;

1. A report on whether to drive any dangerous motor vehicle;

1. A report on detection of a host driver;

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

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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