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(영문) 춘천지방법원 속초지원 2019.01.09 2018고단193
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 06:25 on April 20, 2018, the Defendant driven a E B Blue car in a state of alcohol alcohol level of about 2 km from the street front of the Johionion to D, located in the same city of Si, to approximately 0.234% of blood alcohol level.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driven on April 20, 2018 by the Defendant while under the influence of alcohol on April 20, 2018, while driving the said car, and driving the said car on the front road in C at the beginning of Gangwon

At the same time, there was a duty of care to look at the front side and the right and the right of the driver, and to operate the steering gear accurately and safely.

Nevertheless, the Defendant, while neglecting this, driven a motor vehicle while driving the motor vehicle without a proper view due to negligence, received two street trees in front of the left side of the motor vehicle of the Defendant and continued to receive two street trees on the right side of the road in front of the left side of the motor vehicle of the Defendant, thereby causing injury to the Victim F (F, 43) who is the passenger of the motor vehicle of the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by the police with regard to F;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the results of the control of drinking driving, and application of Acts and subordinate statutes governing the scene of a traffic accident

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act; and choice of imprisonment for each sentence, as regards the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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