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(영문) 춘천지방법원 2016.08.10 2016고단565
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is engaged in driving service of B-V vehicles (hereinafter “instant vehicles”).

1. On May 1, 2016, the Defendant was under the influence of alcohol on 09:40% of alcohol during blood transfusions at around 09:239% on May 1, 201, the Defendant driven a approximately 3 kilometers from the 2800-22 Hongcheon-ro, Hongcheon-gu, Hongcheon-ro, Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the 2580-gil-ro, the Dok-ro, the Dok-ro, the Dok-ro, the Dok-ro, the Dok-ro, the Dok-ro

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk), even though he was unable to drive normally, due to the influence of alcohol as referred to in the preceding paragraph, as in the same paragraph, so he driven the said vehicle, thereby driving the said vehicle on the front side of the Seocheon-gun Hongcheon-gun, Hongcheon-gun, Hongcheon-do, Seoul Special Metropolitan City (Seoul Special Metropolitan City Mayor/Do 2580).

At the same time, there is a central line at the center of the road, so a driver has a duty of care to drive without breaking the central line.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and received the part of the victim C(58) driving in the opposite direction, which was a part of the left side of the instant vehicle, prior to the left side of the instant vehicle, from the victim C(58) drive in the opposite direction.

Ultimately, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered from the victim E (the victim E (the 55 years old), who is the passenger of the victimized vehicle, with the 2 week crym cump of the cump of the cump of the cump, etc., respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in C and E;

1. Investigation report on actual condition, inquiry of the results of crackdown on drinking driving, application of Acts and subordinate statutes to a medical certificate, and a report on risk driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime (the injury inflicted by driving under influence of alcohol) and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the act of driving under influence of alcohol).

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