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(영문) 춘천지방법원 강릉지원 2016.04.07 2016고단95
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 21, 2016, the Defendant violated the Road Traffic Act (breathing) driving a dial vehicle in the state of alcohol alcohol concentration of about 2 km from the front of a fish farm restaurant located in the Yecheon-dong in the East Sea at the time of the East Sea to the front of C in the same city at the same time.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving a motor vehicle with low bid.

On January 21, 2016, the Defendant, while under the influence of alcohol on January 21, 2016, came to proceed with the roads of one lane in front C in the same year B in the beginning of the same year with the view of the Administrator of the Korea Meteorological Administration.

Since this was a bend road in the direction of the defendant's driving, the driver of the motor vehicle has a duty of care to properly see the front side and the left side, and to accurately operate the brake and steering gear, so that the driver of the motor vehicle has a duty of care to proceed without obtaining the boundary stone and street trees at the edge of the road.

Nevertheless, the defendant neglected to drive a car under the influence of the above drinking so that it is difficult for the defendant to drive it normally and immediately left the left, and due to the negligence of driving it as is, the defendant received the roadside trees at the edge of a letter-lane facing the left-hand part of the car driving by the defendant.

Ultimately, the Defendant suffered injury to the victim E, who was on board the Defendant’s car due to the above occupational negligence, such as salt, tensions, etc. in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and on-site photographs;

1. A report on the detection of a primary driver;

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

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime and the Selection of Imprisonment with prison labor as to the Road Traffic Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act.

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