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(영문) 춘천지방법원 원주지원 2016.04.19 2016고단165
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

The defendant is a person who is engaged in driving of CPa car.

1. On January 22, 2016, the Defendant driven the said vehicle under the influence of alcohol content of about 0.230% from a section of about 300 meters, from the front of the legal survey distance in the Dong Office of Gangwon-gu, Gangwon-do, to the front of the same time from the roads of the law survey distance in the Dong Office of Gangwon-gu, Gangwon-do to the front day of the ten-wheeled Volcan-dong, Seoul.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by danger prior to the death) was driving a four-lane road in front of the three-lane distance from the law survey distance to the south of the distance from the law survey distance at the time of Gangwon-do, Gangwon-do, Seoul Special Metropolitan City.

At night, in the same lane as the defendant's proceeding, the victim D (at the age of 43) stopped in the air signal signal, and thus, the driver had a duty of care to safely drive the vehicle by maintaining the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right

Nevertheless, the Defendant, due to the negligence of driving a vehicle while under the influence of alcohol as stated in Paragraph 1, received the damaged part of the front part of the Defendant’s vehicle from the victim’s vehicle behind the driver’s vehicle, and caused the injured party to suffer injury, such as salt, tension, etc. of the bones of wood that requires treatment for about two weeks.

After all, the Defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report, a report on actual condition investigation, and on-site photographs;

1. A report on the detection of a driver at the main place, a statement on the circumstances of the driver at the main place, and a report on whether he/she

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44(1) of the Road Traffic Act concerning criminal facts.

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