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(영문) 춘천지방법원 원주지원 2015.11.03 2015고단837
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B.

On August 2, 2015, the Defendant driven the above vehicle while under the influence of alcohol of 0.189% with blood alcohol concentration of 0.189% on August 2, 2015, and led the front road of Gangwon-si to the speed of about 30km per hour from the area of the sports complex to the area of the original medical source distance from the area of the sports complex to the speed of about 30km.

There are three-lanes and two-lanes in which traffic is controlled by signal apparatus. In such a case, the driver of the motor vehicle has a duty of care to reduce the speed and safely drive the motor vehicle by checking well the right and the right of the motor vehicle, and not drive the motor vehicle while it is difficult to drive the motor vehicle normally due to drinking.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol and received the back part of the Ei 30 vehicle driving by the victim D (the age of 38) who is waiting for a traffic signal by the front driver of the vehicle driven by the Defendant.

Ultimately, the Defendant, as seen above, suffered from the injury of the victim D, such as refratitis and tension, which requires two-day medical treatment by negligence while driving a motor vehicle while normal driving due to drinking, and the injury of the victim F, who is the passenger of the damaged vehicle, such as climatic salt, which requires two-day medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said B-hurged vehicle under the influence of alcohol level of about 0.189% from the 5km section from the 5km section from the 3km road to the front road of Gangwon-si, Gangwon-si, Gangwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A report on the occurrence of a traffic accident (j), a traffic accident report (1) (2), and on-site photographs;

1. Notification of the results of the drinking driving control;

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