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(영문) 춘천지방법원 영월지원 2013.08.27 2013고단285
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 03:50 on May 17, 2013, the Defendant driven BM5 car under the influence of alcohol concentration of about 0.131% from the 30km section to the point at which approximately 1km of the tunnel for returning motorways, from the cafeteria to the point at which approximately 38 countries located in the summer-gu Seoul Special Metropolitan City, Seowon-gun, Seowon-gun, Seowon-gun, Seowon-gun, Seowon-gun.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BM5 car;

At around 03:50 on May 17, 2013, the Defendant driven the said car while under the influence of alcohol, and led to the passage of approximately 1 km of the tunnel to return the motorway for the national highways, which was located in the 38th Sinn-gu, Young-gu, Young-gu, Gangwon-gu, Gangwon-do, along the two-lanes, from the west-gun side to the Young-gu.

Since the place is an exclusive motorway at night at the time, there was a duty of care to safely drive the motor vehicle along the lane by using the steering gear and brakes properly.

Nevertheless, in a situation where normal driving is difficult under the influence of alcohol as stated in Paragraph 1, the Defendant’s negligence of changing the two lanes from one lane to two lanes without checking whether there is a vehicle driven in another lane, and the part of the victim C(the age of 41) driving that was driven in front of the Defendant, which was driven by the victim C(the age of 41) driving in front of the Defendant, was shocked into the right-hand part of the said SM5 car.

As a result, the Defendant suffered, by negligence on duty, the injury to the above C, such as brain salvy in detail as to which the two-day medical treatment is required, and the Defendant suffered from the victim E (V, 53 years old) who was on board the string of the car in the above styp site, for approximately two-day medical treatment.

Summary of Evidence

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