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(영문) 춘천지방법원 원주지원 2014.02.11 2013고단855
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that 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 01:30 on November 30, 2013, the Defendant driven a B-p motor vehicle under the influence of alcohol content of about 1.3 km from the front road of the Jininininina Island located in the Goindong-si, Won-si, to the original-si Dozin vava, thereby under the influence of alcohol content of about 0.106 percent.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a Bp car.

As above, the Defendant, while under the influence of alcohol, was in a state of normal operation due to influence of drinking, such as smelling in the state of alcohol, red and snowing, but was driving the said vehicle, which led to the operation of the said vehicle in the state of normal operation due to influence of drinking, and led to the operation of the instant vehicle in front of the original city level vain from the international apartment side to the site at the stage of international apartment.

At the time of the long-distance intersection in which traffic control is performed, the victim C(53 years old) was driving a Drocketing taxi in the direction of proceeding with the straight-line signal from the left by driving it, so there was a duty of care to prevent accidents by complying with the signal and thoroughly emphasizing the front side.

Nevertheless, the Defendant, as seen above, did not live well before the drunk and did not enter the intersection in violation of the signal, led to the shocking part of the left-hand part of the said taxi in front of the Defendant’s car.

As a result, the Defendant suffered from the above occupational negligence damage to the victim C, namely, the salt and tension of a string that requires approximately three weeks of medical treatment, and the victim E (the 21-year old passenger) who is a taxi passenger, for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver, a report on whether to drive any danger, and a written diagnosis;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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