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(영문) 춘천지방법원 원주지원 2013.03.26 2013고단86
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 22:20 on January 17, 2013, the Defendant: (a) driven a Bone Star Corscis under the influence of alcohol concentration of about 0.192% from the 1km section to the road near the short-term market in the short-term city of nuclear power to the front road of the long-term city of nuclear power.

2. On January 17, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) (hereinafter “Dangerous Punishment, etc.”) was under the influence of alcohol as set forth in paragraph (1) on the roads leading to the Syone Star Art Center located in the Padju-si, nuclear power plant at the time of nuclear power plant.

In such cases, a person engaged in driving service has a duty of care to see the front door, and to prevent any unexpected accident with the vehicle that proceeds from the front door by operating the brake properly.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not boom the front, and due to the negligence of failing to operate the brake system properly, the Defendant received the back portion of the DA3 car driven by the victim C (V, 36 years old) who is standing in the signal atmosphere in the front of the above van.

After all, the Defendant driven the above van while it is difficult to drive it normally due to the influence of drinking, and suffered injury, such as the flaging of the flag, damage of the flag and power rope, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the report on the proper launch of an employer, the report on whether to drive any danger, and the written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 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 sound driving and the choice of imprisonment);

1. From among concurrent crimes, the punishment of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is heavier.

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