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(영문) 춘천지방법원 영월지원 2015.08.21 2015고단233
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

The Defendant is a person who is engaged in driving the Poter, Postopos, and to cut down the Posto.

On February 28, 2015, the Defendant, at around 20:15, 0.12% of blood alcohol concentration, 0.12% of the face in red condition, was unable to drive normally due to the influence of drinking, such as drinking in an inaccurate, in a state that, under the influence of alcohol, the Defendant was driving the said cargo on the road at the entrance of each tunnel, which was 38 countries in the Gangnam-gu, Gangwon-do, Gangwon-do, Gangwon-do, at the south of Gangwon-do.

At the same time, the two lanes are two lanes. At this time, there was a duty of care to prevent accidents by thoroughly driving the vehicle in front and in a safe manner by safely driving the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along the center line by breaking the center line, and received the front part of the victim C(Y, 52 years old) driving in the opposite side of the collision as the front part of the said cargo vehicle.

As a result, the Defendant, in a situation where normal driving is difficult due to the influence of alcohol, suffered from the injury to the said victim C, such as the left-hand body body felbing, etc., which requires approximately 8 weeks of medical treatment, and at the same time, from the victim E (the aged 51) who was on board the said cargo tank, the said victim E (the aged 51) suffered from the damage of two detailed unknown addresses, which do not need more than 7 weeks of medical treatment

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. The application of Acts and subordinate statutes, including the fact-finding survey report, the report on detection of a host driver, the report on the circumstantial statement of a host driver, the report on whether to drive any danger, the attachment of cream records, video CDs and photographs of damaged vehicles, and the application of each medical certificate

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime (the injury caused by dangerous driving) and the Road Traffic Act.

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