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(영문) 춘천지방법원 원주지원 2015.12.23 2015고단971
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 22:00 on October 11, 2015, the Defendant: (a) driven the Cone Star Cornex under the influence of alcohol concentration of approximately 0.211% in a section of about 1km from the road near the site of a short-term stop in the nuclear power station at the nuclear power station at the nuclear power station at the same time to the long distance; (b) the Defendant was under the influence of alcohol level of about 1km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) (hereinafter “Dangerous Driving”), the Defendant driven a car with Cone Star, at the time and time set forth in paragraph 1, and proceeded to turn to the left at the right from the right edge to the right edge of the front of the 387 Kone Star Medical Center at the right edge of the original city

Since a place is an intersection with a signal apparatus installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering and steering by properly operating the steering and steering system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in the signal atmosphere, received the part on the right side side of the E-crat vehicle back of the E-crat vehicle in driving (70 years old) from the victim D (the 70-year old) who was under the influence of the Defendant.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as cerebral flady which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A survey report on actual condition, and a report on actual status of a driver;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and choice of imprisonment for each sentence;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation;

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