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(영문) 춘천지방법원 강릉지원 2016.05.03 2016고단214
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

1. On January 28, 2016, the Defendant violated the Road Traffic Act (driving of alcohol) driving a mati vehicle B while under the influence of alcohol at approximately 0.202% of alcohol content in blood, from the 35km section to the road in front of the Hanyang apartment located in the Hancheon-dong in the East Sea at the time of the East Sea from the 20:10 on January 28, 2016.

2. The Defendant is a person who is engaged in driving of a passenger car as stipulated in the above paragraph 1, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On January 28, 2016, the Defendant came to run a road of 100 meters away from the east-gu, Gyeongnam-si, Gyeongnam-si, Gyeongnam-do, which is located in the village of the ancient-do.

At the time, at night, other vehicles were driving along, and in such a case, there was a duty of care to safely operate the steering system and brakes of the vehicle by accurately manipulating the steering system and brakes of the vehicle.

Nevertheless, as stated in the above paragraph 1, the Defendant was negligent in proceeding with the Defendant’s failure to accurately operate the brakes while under the influence of alcohol content of 0.202% in blood and without accurately operating the brakes, and by negligence, the victim C (W, 51 years old) who was driven at the Defendant’s passenger vehicle transfer zone was driven by the Defendant’s back part of the DM passenger vehicle driving by the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury such as brain salva, etc. which requires treatment for the said victim for about two weeks, and suffered injury to the victim E (50 years old) who was on board the said victim while driving the car for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. A report on the detection of a primary driver;

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