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(영문) 춘천지방법원 원주지원 2015.06.10 2015고단145
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. On January 21, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol 0.275% in blood alcohol concentration at around 21:30 on January 21, 2015, driving a car, thereby driving a car in the state of 0.275% in driving the car, thereby driving the short-term unification distance at the original city from the main high school

Since there is an intersection where signal apparatus is installed, there was a duty of care for the person engaged in driving business to reduce speed and to drive safely by checking well the front left.

Nevertheless, while under the influence of alcohol, the Defendant neglected to stop in the front of the passenger vehicle, and instead neglected to stop in the front of the passenger vehicle at the mast by negligence, received the back of the victim C(the age of 31) driving in the front of the passenger vehicle from the victim C(the age of 31).

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dump, tensions, etc. in need of treatment for about two weeks.

2. The Defendant, in violation of the Road Traffic Act, driven a vehicle B while under the influence of alcohol with approximately 0.275% of alcohol concentration in the section of about 2 km from the date of temporary border as stated in paragraph (1) to the same distance in the short-term city, Dong-dong, Dong-dong.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a passenger car.

The Defendant operated the said car that was not covered by mandatory insurance at approximately 2 km section from the date of the temporary border stipulated in paragraph (1) to the same long-term unification distance in the short-term Dong, Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A survey report on actual conditions and a survey report on the blood alcohol concentration;

1. Application of medical certificates and mandatory insurance-related Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) of the Road Traffic Act.

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