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(영문) 춘천지방법원 원주지원 2014.01.23 2013고단784
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. On November 23, 2013, at around 01:15, the Defendant driven a B-to-pur motor vehicle under the influence of alcohol content of about 0.14% from the 3km section of the blood alcohol content to the front road of the new Young River Apartment apartment located in the Haju-si, Nowon-si, Seoul Special Metropolitan City.

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 motor vehicle B.

On November 23, 2013, the Defendant driven the said car under the influence of alcohol of 0.14% in blood alcohol concentration on 01:15, and proceeded at a speed of about 70 km in time, depending on the two-lane road among the four-lane roads in the front side of the national bank in the original city level at the original city level at the front of the city level.

At the time, since it is an intersection where a signal is installed at night, there is a duty of care to protect the vehicle's driver and prevent the accident in advance by safely driving the vehicle.

Nevertheless, the Defendant neglected this and led to the negligence of operating the said vehicle in a state where normal driving is difficult due to the influence of alcohol as above, and brought the back part of the victim C(22 years of age) driving the said vehicle into the front part of the said Aburged vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt, tensions, etc. of the bones of wood, which requires medical treatment for about two weeks, and suffered injury on the victim E (the 22 years old), who is a passenger of the said SM5 car, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement, E’s statement;

1. Application of Acts and subordinate statutes to the report on the performance of a driver, the report on the status of the driving of a driver, and the written diagnosis;

1. Each relevant Article of the Act concerning criminal facts;

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