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(영문) 춘천지방법원 2016.02.04 2015고단1166
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On October 18, 2015, the Defendant driven BYF Laol car with the alcohol level of 0.29% under the influence of alcohol level at around 14:03 on the street, which is the master’s degree in Chuncheon City/Do, around October 18, 2015, and went back to the back of the border of the National Police Agency of Gangwon-gu.

In that sense, at the time, the defendant's blood alcohol concentration reached 0.29%, and the defendant was unable to drive normally due to the influence of drinking, such as drinking, while smelling.

The defendant et al., while driving the above vehicle in a situation where it is difficult to drive the vehicle normally due to the influence of alcohol, he et al., extracted from C that was waiting in the front of the above YG car, and led the victim D(38 years old) who was working in HG car to use the part of the air in front of the above YF Hasta car, and caused the victim E (2 years old) who was working in HG car to suffer from the injury, such as salt, tension, etc. in need of approximately two weeks of medical treatment, and caused the victim E (2 years old) who was working in HG car to receive approximately one week of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. On-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. A dangerous driving report;

1. Each written diagnosis of E and D;

1. A statement prepared in F;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the punishment for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims D with a heavier punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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