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(영문) 춘천지방법원 강릉지원 2016.08.11 2016고단752
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the risk).

On April 13, 2016, the Defendant driven the above vehicle under the influence of alcohol content 0.186% in light of light blood 23:20%, and led to turn to the left at the right edge of the river in front of Gangseo-si C, which is located in Gangnam-si C, while driving the vehicle under the influence of normal operation.

On the other hand, there was a two-lane road in which a median line is installed, so the driver of the vehicle has a duty of care to safely drive the vehicle by accurately operating the steering room and the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant did not properly examine the right and the right and the right and the right and the right and the right and the left part of the victim E (58 e.g., the front part of the victim E(58 e.g., the left part of the driver’s vehicle) driving from the fryp of the e.g., the e., the e. the left part of the driver’s vehicle.

Ultimately, the Defendant suffered injury to the victim due to the foregoing occupational negligence during the two-day period of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B LV vehicle under the influence of alcohol with 0.186 percent alcohol concentration in blood at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and on-site photographs;

1. Notification of the results of regulating drinking driving and a report on whether to drive any danger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the choice of punishment, and the choice of imprisonment with prison labor under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. There is no record of criminal punishment for sentencing under Article 62(1) of the Criminal Act, and the victim is the victim.

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