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(영문) 춘천지방법원 원주지원 2016.03.22 2016고단5
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 December 5, 2015, the Defendant: (a) driven a mast car under the influence of alcohol with alcohol content of 0.164% from the section from the indoor gymnasium of the original medical high school located in 1756 to the front road of the above high school, from the original gymnasium of the original gymnason-gu, Nowon-gu, Seoul; (b) around December 22, 2015.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving a marina car.

On December 5, 2015, the Defendant, at around 22:00, was under the influence of alcohol 0.164% during blood, was not aware of others’ horses, and was under the influence of normal driving due to the influence of alcohol 0.164%, and the Defendant was under the influence of normal driving due to the influence of smelling in the neighborhood. The Defendant driven the said car at a time of difficult driving due to the Plaintiff’s driving of the said car, which was in front of the Hanju Medical High School located in 1756 in the original city, with the front of the Hanju Medical High School located in the original city.

The place is a two-way road in which the center is divided. At the time, the victim C (n, 46 years of age) driven a car at a Plight and was under normal operation from the door-top gate to the door-top market room. In such a case, there was a duty of care to thoroughly operate the vehicle to the person engaged in the driving of the vehicle and to safely operate the vehicle.

Nevertheless, the Defendant neglected to do so and thereby committed the above central separation unit, and was negligent in driving the said M&A car while driving it in the calendar, and received the front part of the said P&A car as the front part.

Ultimately, Defendant 2 suffered injury, such as salt, tension, etc., in need of approximately two weeks of treatment by negligence in the course of business as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. The provisions of the Act and subordinate statutes shall apply to reports on the detection of drivers at home, reports on the circumstances of drivers at home, and reports on whether to drive any danger.

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