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(영문) 춘천지방법원 강릉지원 2015.08.12 2015고단488
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

The defendant is a person who is engaged in driving a BP car.

On April 8, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.258% 0.258% while under the influence of alcohol around 23:00 on April 8, 2015, and followed Gangwon-si Clllllle, and led Gangwon-do to proceed from the border of the World Cup to the Ponam-do.

At the same time, since she is able to be seen as a person engaged in driving service at night, she has a duty of care to check whether there is a vehicle in the front and left, and to operate safely.

Nevertheless, the Defendant, due to the above influence of alcohol, failed to show the front section properly while driving a car in a situation where it is difficult for the Defendant to drive the car due to the negligence, and led the victim D (the age of 36 and the female) who was under a stop at a vehicle suitable for the car driven by the Defendant, to have the front part of the steering part of the Era car driven by the Defendant, the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The application of Acts and subordinate statutes, such as a traffic accident report, a report on actual condition, a report on the results of the control of drinking driving, a report on the state of drinking drivers, a report on whether to drive any danger, on-site photographs

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the punishment prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than that of the punishment, and the lower limit thereof shall be limited to the punishment prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes, which is set forth in the

1. The suspended sentence is contrary to Article 62(1) of the Criminal Act, and is subject to previous conviction;

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