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(영문) 춘천지방법원 원주지원 2014.07.16 2014고단417
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 13:10 on April 13, 2014, the Defendant driven CY car with a blood alcohol content of about 0.161% under the influence of alcohol from about 5km section from the direction of the village in the south-gu Incheon Metropolitan City to the direction of the 5km-dong, Jeju Goakdong-dong, Seoul. to the direction of the 5km-dong, Seoul.

2. Around April 13, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was unable to drive normally due to the influence of drinking, such as reding, singinging, suppressing, and walking, while driving the said vehicle at a speed of about 70 km per hour from the 3-lane of the 520-231 ahead of the 190-231 ahead of the 520-231 ahead of the 190-2000 km from the 200-3-lane of the 201 Goak-dong, Goak-dong.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance due to safe driving, such as thorough operation of the front time and maintenance of safety distance with the front time.

Nevertheless, the Defendant neglected this and found it late after the victim D's vehicle driven at the front of the Defendant's vehicle, which was driven by the victim D's vehicle due to the negligence of driving in the vicinity of the Defendant's vehicle, and shocked the back part of the victim's vehicle with the front part of the Defendant's vehicle.

Ultimately, the Defendant suffered from the injury of the victim F, the victim G, and the victim H, respectively, by occupational negligence, about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written diagnosis;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the actual survey report;

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

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