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(영문) 춘천지방법원 원주지원 2016.05.02 2016고단57
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 a period of 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 Csch Rexton car.

1. On November 24, 2015, the Defendant driven the said vehicle under the influence of alcohol by 0.202% from the section of approximately 2km to the front intersection of “Yinjin Distribution” located in the same city-based 90 meters from the land site at the original city level around 01:10 on November 24, 2015.

2. On November 24, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driving the said car at around 01:10, and driving the said car along the two-lane from the distance from the distance from medical driving to the distance from the second apartment.

Since there was an intersection where a signal, etc. is installed, the driver had a duty of care to drive the driver according to the signals such as the signal, etc. by reducing the speed and by checking well the right and the right of the driver.

Nevertheless, as described in paragraph 1, the Defendant neglected it while under the influence of alcohol and neglected to turn to the left in the right line in contravention of the signal, and received the front part of the victim D(30 tax) E driving car from the front part of the driver's vehicle in front of the above vehicle of the Defendant, and caused the victim to suffer the injury of the victim in the combined framework between the two front parts of the right line, which require approximately 14 weeks medical treatment.

After all, the Defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Provided, That Articles 148-2 (2) 1 and 44-2 (1) of the Road Traffic Act shall be selected as imprisonment, respectively;

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