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(영문) 춘천지방법원 원주지원 2014.02.12 2014고단33
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 19:15 on November 24, 2012, the Defendant was driving Bone Star Cargo with approximately 4km alcohol concentration of about 0.186% from the front of a restaurant where it is impossible to know the trade name in the original city without any driving at the original city to the front day of the Southern Power Station in the front day of the Southern Power Station, in the case of the original city, from the front day of a restaurant where it is impossible to identify the trade name in the original city without any driving.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was in a state of difficulty in normal driving due to the influence of drinking, such as smelling in the state of alcohol while under the influence of alcohol, snicking, skeing down on the left and right, and walking, but the Defendant was driving B Cost Star Cargo with two-lanes of the two-lane road in front of the number of the South Won Won-gu Country in the interesting room at the interesting room at the interesting room at the interesting room.

At this point, it is a straight line, and a bus platform is installed on the right side of the road driving direction, so there was a duty of care to reduce the speed and to safely drive it by checking well the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and failed to accurately operate hand-on hand, and received the Gails installed on the side of the road, in front of the Defendant’s cargo vehicle.

Ultimately, the Defendant suffered from an injury to the victim C (V, 51 years old) who was accompanied by the Defendant’s cargo vehicle due to the foregoing occupational negligence, such as an acute cryposis which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1) (2), report on whether to drive any danger, report on whether to request an appraisal, and report on detection of a host driver (33 pages of investigation records);

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), the aggravated punishment for specific crimes shall be imposed as to the relevant criminal facts, the choice of punishment, and the aggravated punishment for specific crimes.

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