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(영문) 춘천지방법원 강릉지원 2017.04.27 2017고단131
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 30, 2016, the Defendant: (a) driven a motor vehicle under the influence of alcohol by 0.115% in a section of about 1km from around 14:50 to around 14:50 to 188, in the direction of the entrance at the intersection of the Gangwon-gu public sports site located in Gangnam-si, Gangwon-si.

2. The Defendant is a person who is engaged in driving a vehicle with C investment risk, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On November 30, 2016, the Defendant driven the above car at around 14:50, and led to the cross-road crossing from the border of Gangwon-do to the territorial intersection, at the entrance of the public playground in the 188-ro, Seog-si, Yung-si.

At the same time, there is a center line of yellow solid lines, so a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, in a situation where normal driving is difficult due to the influence of drinking, the Defendant got out of the front part of the victim D(55 years old) E driving in the opposite direction by neglecting the center line while driving in a situation where normal driving is difficult due to the influence of drinking.

Ultimately, the Defendant suffered from the above occupational negligence on the part of the victim D, the injury such as pulverization, etc. in the right franchising, etc., which requires approximately 12 weeks of treatment, the injury of the victim F (the age of 69) who was accompanied by the said damaged vehicle, such as a franchising, etc., which requires approximately 12 weeks of treatment, and the injury such as a franchising, etc. to the victim G (the age of 64) of the same passenger, which requires approximately 8 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Notification of the results of regulating the driving of drinking, the circumstantial report on the driver of drinking, and the report on whether to drive any danger;

1. A medical certificate;

1. The investigation report (the application of the dmark above the alcohol concentration in the suspect's blood);

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