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(영문) 춘천지방법원 강릉지원 2014.06.25 2014고단293
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 도로교통법위반(음주운전) 피고인은 2014. 3. 12. 15:40경 동해시 천곡동에 있는 뱅뱅 앞 공영주차장에서부터 같은 날 15:50경 동해시 천곡동에 있는 천일안경원 앞 도로에 이르기까지 약 400m 구간에서 혈중알콜농도 0.211%의 술에 취한 상태로 B 뉴이에프소나타 승용차를 운전하였다.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a motor vehicle B New Flaf;

On March 12, 2014, at around 15:50, the Defendant driven the said car under the influence of alcohol, as described in Paragraph 1, and proceeded two lanes in front of the astronomical Dogwon in the Yecheon-dong in the East Sea with about 50km each hour from the east of the East Sea, along with one lane towards the Yecheon-do National Cemetery in the East Sea.

At that time, in front of the defendant's proceeding, since the victim C(58 years old) was driving a D-ro driven by the victim C(58 years old), the driver of the motor vehicle had a duty of care to operate the motor vehicle safely by accurately manipulatinging the front side and the right and the right and the right and the right and the right and the right of the driver,

Nevertheless, the Defendant, while under the influence of alcohol, tried to overtake the above taxi driving along the right side of the road to get off passengers due to negligent negligence while neglecting to do so, and the flab on the road to find out pedestrians and avoid this, and then, in order to see and avoid this, she received the part of the above flab in front of the left side of the said taxi by excessively cutting down hand on the right side of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.

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